One of the first requirements to be eligible for expungement of one’s Driving under the Influence charge under the California Penal Code is a conviction for the charge.
It is important to apply for an expungement since it is not automatically granted. You can apply for expungement under 1203.4 and once granted upon fulfillment of all the requisites stated in the law, your case would be dismissed.
One of the first benefits the law provides for a previous conviction is under the California Labor Code Sec. 432.7. That particular law prohibits any company from making any inquiries that did not result in any conviction which has a direct bearing in your future employment in the company. Thus when inquired upon, after expungement of your DUI conviction, you can say you have been convicted of a crime but said case was later dismissed. The same hold true for licensing and certification agencies in California as there is a specific prohibition in granting, hiring and certifying individuals with criminal convictions. An expungement would necessarily exempt you from that prohibition.
DUI convictions though are not cut and dried. The result of your petition for expungement is dependent upon the exigent circumstances of the case. The following are the possible outcomes of a petition for expungement.
- Withdrawal of the plea of guilty or no contest and dismissal of the case;
- Reduction of the original DUI felony to a DUI misdemeanor;
- Arrest would be deemed as detention and not a conviction;
Destruction of arrest records for the DUI;
- A review of the case and a reversal of original conviction with a finding of innocence;
Not all DUI cases in California though can be expunged. One of the affected is the driving record points that are imposed on your license upon conviction. In order to expunge your driving record points after conviction, you need to comply with all the requisites set forth in your DUI conviction, such as attendance in driver’s education or an alcohol rehabilitation program.
The expungement of DUI offenses is a serious matter in California. Should you be or know anyone undergoing this process, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.