Costa Mesa DUI Expungement Attorney
Are you looking to expunge your DUI conviction in Costa Mesa? A division of the Law Offices of John D. Rogers is committed to filing expungement petitions for those seeking to clean up their criminal records. We simplify the process for you and aim to file your petition within 1-day of hiring us. Call us today for a free consultation with an experienced Costa Mesa DUI Expungement Attorney.
Attorney John D. Rogers is a Certified Criminal Law Specialist by the State Bar of California. This distinction is awarded only to a small group of California criminal defense lawyers. Accordingly, you can feel assured that your petition is handled with the utmost professionalism by an experienced criminal defense attorney.
Table of Contents
What is a California Expungement?
Contrary to popular belief, California does not have an “expungement” statute. Instead, California has a dismissal statute pursuant to penal code 1203.4. If the petition is granted, then it serves as an order from the judge deeming you statutorily rehabilitated from the offense. Indeed, it relieves you from all “penalties and disabilities” resulting from the conviction. A notation on your formal record will be added reflecting that the conviction was dismissed per section 1203.4.
Requirements Prior to Filing a DUI Expungement Petition
Prior to filing your DUI expungement petition, you must:
- Completed the term of probation,
- Completed your alcohol class, community services, or other obligations, and
- You have no arrests or pending charges against you in any jurisdiction.
How Long is the Process to Expunge a DUI?
It generally takes thirty (30) days for the judge to sign the dismissal order once it’s been filed. The process could be shorter or longer depending on court operations.
How Much Does a DUI Expungement Cost?
The cost to file an expungement petition varies depending on: (1) the number of probation violation(s), (2) the underlying facts of the case, and (3) the defendant’s prior criminal history. We offer competitive flat-fee prices. Give us a call to discuss more.
What Happens After the Court Grants the Expungement Petition?
Once the Court grants the petition, the clerk will transmit the order to the California Department of Justice. Your formal criminal record will reflect that the conviction was dismissed pursuant to Penal Code section 1203.4.
Is There a Guarantee that my Expungement Petition will be Granted?
Unfortunately, there is never a guarantee in the legal field. The decision to expunge your DUI conviction is discretionary to the judge. Consequently, no one can predict with 100% certainty that your petition will be granted. Furthermore, lawyers are precluded by the rules of ethics from making any guarantee.
What Documents are Required?
- Petition for dismissal,
- Proposed Order for dismissal,
- Proof of Service,
- Affidavit,
- Any other documents you wish the court to consider.
What are Related Remedies to an Expungement?
- Early Termination of Probation,
- Felony Reduction to a Misdemeanor,
- Certificate of Rehabilitation,
- Petition for Factual Innocence,
- Record Sealing.
Contact an Experienced Costa Mesa DUI Expungement Attorney
If you’re seeking to expunge your DUI conviction, then give us a call today. Call us to schedule a free consultation with an experienced Costa Mesa DUI expungement attorney. We handle DUI expungement petitions all throughout southern California.