Receiving a DUI conviction in California can have serious repercussions on various aspects of life, including employment opportunities, insurance rates, and even personal reputation. Fortunately, the state offers a legal avenue to mitigate these consequences through expungement. This process allows individuals to clear certain convictions from their criminal records, providing a fresh start. If you’re considering expunging a DUI conviction, this article will guide you through the essential steps and requirements.
Understanding DUI Expungement
Expungement, as per California Penal Code Section 1203.4, is a judicial process that allows qualifying DUI convictions to be “dismissed” from an individual’s criminal record. While the record of the conviction is not entirely erased, expungement changes the conviction status to “dismissed,” which helps in job applications and other areas of life where a clean criminal record is advantageous.
Eligibility Criteria
Before diving into the expungement process, verify that you meet the eligibility criteria:
1. Completion of Probation: You must have completed all terms of your probation, including paying fines, attending an alcohol program, and fulfilling any court-ordered requirements.
2. No New Criminal Charges: You should not be currently charged with, on probation for, or serving a sentence for another criminal offense.
3. Misdemeanor or Felony DUI: Generally, DUIs that are misdemeanors or certain felonies (reducible to misdemeanors) qualify for expungement.
4. Payment of All Fines and Restitutions: All financial obligations related to the DUI, such as fines and restitution, must be settled.
The Expungement Process
Once you’ve confirmed your eligibility, you can hire an Orange County DUI attorney to do the expungement or you can follow these steps to seek an expungement of your DUI conviction:
Step 1: Obtain Your Criminal Record
Start by acquiring a copy of your criminal record to ensure you have all the relevant details about your DUI conviction. This can be obtained from the California Department of Justice or the Orange County courthouse where you were convicted.
Step 2: Fill Out the Required Forms
You or your Orange County DUI lawyer must complete the necessary paperwork, primarily the “Petition for Dismissal” (Form CR-180) and the “Order for Dismissal” (Form CR-181). These forms are available on the Superior Courts’ website or at the local courthouse.
Step 3: File the Petition
You or your Mission Viejo DUI attorney must submit the completed forms to the court where the conviction occurred. Some courts allow for mail-in submissions, but others may require you to file in person. Check your specific court’s requirements to ensure compliance. There used to be a filing fee but that has been eliminated.
Step 4: Serve the Prosecutor
After filing, you or your Mission Viejo DUI lawyer must serve a copy of your petition on the Orange County District Attorney’s office. This typically means delivering a copy in person or via certified mail. The prosecutor has the right to review and contest your petition.
Step 5: Attend the Hearing (if required)
Some courts may require a court hearing to decide whether to grant the expungement. This is true in cases where you have had a probation violation during your probation period. In such cases, attend the hearing prepared with all necessary documentation and, if possible, an Orange County DUI lawyer to argue your case. If no hearing is required, the judge will make a determination based on the submitted documents. The judge will only grant the petition of he or she feels it is in the “interest of justice”. If you had no probation violations, then the judge MUST grant the petition.
Step 6: Judge’s Decision
A judge will review your petition and any objections from the prosecutor to make a final decision. If the expungement is granted, your DUI conviction will be marked as dismissed on your criminal record. If denied, you, or your DUI attorney, may have the opportunity to address the reasons for denial and reapply.
Post-Expungement: What Changes
Understanding the impact of a successful expungement is crucial:
– Employment: Employers are generally not permitted to consider an expunged conviction when making hiring decisions. You can legally answer “No” when asked if you have been convicted of a crime.
– Housing: Landlords typically cannot use an expunged conviction as a sole reason to deny housing applications.
– Insurance: While the actual conviction is expunged, DUI-related incidents might still affect insurance rates since driving records are separate from criminal records.
– Professional Licenses: Some professional licensing boards might still consider an expunged conviction, so investigate specific requirements if this applies.
Limitations of Expungement
It’s important to note that expungement does have limitations. For instance:
– Visibility: The conviction may still be accessible to law enforcement, the DMV, and in certain governmental or high-security employment situations.
– Subsequent Offenses: An expunged DUI can still be considered a prior offense if you face future DUI charges, which can impact sentencing severity.
– Federal Government: Federal immigration and military applications may still consider expunged records.
Seeking Legal Assistance
Navigating the expungement process can be complex, and professional legal assistance may enhance your chances of success. A Mission Viejo DUI lawyer specializing in DUI offenses or criminal defense can provide guidance tailored to your unique circumstances, ensuring all documentation and procedural requirements are meticulously met.
Reintegration and Moving Forward
Expunging a DUI conviction can facilitate smoother reintegration into various aspects of life by mitigating the stigma and barriers caused by a criminal record. Take advantage of this second chance to pursue employment, housing, and other opportunities without the weight of past mistakes. While the journey to expungement might seem daunting, the long-term benefits can significantly outweigh the effort involved.
By diligently following the outlined steps and potentially seeking legal advice, clearing your DUI record in Orange County is a feasible goal, offering a significant step towards reclaiming your future.