Fullerton DUI Expungement Attorney

April 7, 2020

Are you seeking to expunge a DUI that occurred in Fullerton from your record? If so, retaining the right expungement lawyer may be one of the most important decisions you make. A California DUI conviction carries severe consequences. Ordinarily, a person much enroll and complete alcohol classes, pay large fines, and be placed on probation for 3 to 5 years. Fortunately however, certain individuals may be eligible for an expungement or other appropriate post-conviction remedy. Contact the Law Offices of John D. Rogers today to discuss your eligibility to expunge your DUI conviction. Contact us today to speak with an experienced Fullerton DUI Expungement Attorney.

Background Information About DUI Expungement in Fullerton

Contrary to popular belief, California does not have a true expungement statute. Instead, California has a “dismissal” statute codified under Penal Code 1203.4.[1] Procedurally, the court will withdraw its finding of guilty, enter a not guilty plea, and dismiss the charge under the dismissal statute. From that moment forward, California law will have deemed you statutorily rehabilitated.

A DUI is an eligible offense to obtain an expungement – whether you suffer from one DUI or multiple. The process requires filing a specific petition, a proposed order, a declaration explaining the reasons why you should obtain this remedy, and proof of service.

The judge holds the discretion about whether to grant or deny your DUI expungement request. Moreover, a person is not entitled as a matter of right to this remedy when convicted of a DUI versus other offenses. Thus, it is important that your affidavit specifically and persuasively explain why the court should grant your petition.

Factors the Fullerton Courthouse judge will consider prior to Ruling on Your Petition include:

  • Whether you suffered a probation violation;
  • Your prior criminal history before you were convicted;
  • Whether you were arrested or charged with another criminal offense;
  • The reason(s) you are seeking to expunge your record.

After Your Fullerton DUI Expungement is Granted

If the court grants your expungement petition, the court will order that the ruling be transmitted to the California Department of Justice for updating. Moreover, a notation will be added to your formal criminal record to reflect that the conviction has been dismissed per Penal Code 1203.4. Thereafter, you will be released from all penalties and disabilities as a result of the conviction.

Contact an Experienced Fullerton DUI Expungement Attorney

If you were convicted of a DUI and you are seeking to expunge your record, contact us today to schedule a free confidential consultation with an experienced Fullerton DUI expungement attorney. We handle expungement all over Orange County, including other counties – i.e., Los Angeles, Riverside, San Bernardino, and San Diego. Call us today to get your expungement petition granted so you can move forward in life without the social stigma of being labeled a DUI offender.

 

 

Footnotes:

[1] California Penal Code section 1203.4 provides, “In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission.”

 

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