The lingering effects of a DUI conviction can have devastating effects 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 attorney can apply for an expungement of the defendant’s conviction after probation has been completed.
In order to receive an expungement, a motion has to be made pursuant to California Penal Code Section 1203.4. If the motion is granted, the defendant’s guilty plea is withdrawn, a plea of not guilty is entered, and the case is dismissed pursuant to CPC 1203.4.
There is a two step process for expungement if the defendant was convicted of a felony offense. A DUI defense attorney will first file a 17b 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.
Under normal circumstances, the applicant must have completed the terms of probation and not received any new charges in order for the Court to grant the expungement. Certain circumstances exist that would allow a qualified criminal attorney to apply for early termination of probation. If the motion for early termination of probation is granted, then the defendant can apply for expungement. Contact the DUI Professor to determine if expungement is an option for you!