The lingering effects of a DUI conviction can result in devastating consequences which can wreak havoc on a person’s life, even years after fulfilling the terms of probation. Most detrimental is the impact that a DUI conviction can have on a person’s ability to secure employment. A skilled DUI defense lawyer can apply for an expungement of the defendant’s conviction following the completion of the sentence.
In order to seek expungement, a motion must be made in Court for relief under Penal Code Section 1203.4 if the defendant was sentenced to probation. If the defendant was not sentenced to probation then relief is sought under Penal Code Section 1203.4 (a). At the time the motion is made, the defendant must have completed probation, or more than one year from the date of pronounced judgment must have past should probation not have been granted, the defendant cannot currently be serving a sentence for any other case, the defendant cannot be on probation for any other offense, and the defendant cannot be charged with the commission of any nother offense. If the Court grants relief under 1203.4 or 1203.4 (a) then the defendant will be permitted to withdraw his/her guilty plea, or if the defendant was convicted at trial, the verdict of guilt will be set aside. The case will be dismissed against the defendant pursuant to Penal Code Section 1203.4 or 1203.4 (a), and the defendant will be “released from all penalties and disabilities resulting from the offense” with some exceptions. The exceptions include the fact that the defendant is not relieved of the obligation to disclose the conviction when applying for state office, for licensure by any state or local agency, or for contracting with the California State Lottery. Additionally, expungement does not affect any DMV actions, the offense can still be used as a prior for many purposes, and it will not affect the prohibition of possessing a firearm.
There is a two step process for expungement if the defendant was convicted of a felony offense. A DUI defense lawyer will first file a 17(b) motion to reduce the felony to a misdemeanor. This can be done in all cases where the felony is a “wobbler.” A wobbler is a case that could have been filed as either a misdemeanor or a felony. If the Court grants the reduction, then the 1203.4 motion is filed to have the case expunged.
If you are interested in having your case expunged please contact DUI defense lawyer Kellee C. Parker, the DUI Professor, for a free case evaluation. If you have not yet completed probation, certain circumstances may exist which would allow your qualified DUI defense lawyer to apply for early termination of probation. Should the Court grant the application for early terminatio of probation then your DUI defense lawyer can immediately apply for expungement. Contact the DUI Professor, a skilled Orange County DUI defense lawyer today to determine if expungement is an option for you!
We serve those arrested for DUI in the following areas Newport Beach, Los Angeles, Orange County, Riverside, San Diego County and all Southern California cities. To find out more regarding legal resources that are available to you, get in touch by visiting our Contact Us page and fill out our form.