Irvine DUI Expungement Attorney
Are you looking to expunge your DUI conviction in Irvine? A section of the Law Offices of John D. Rogers is committed to filing expungement petitions for clients 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. Contact us today for a free consultation with an experienced Irvine DUI Expungement Attorney.
Attorney John D. Rogers is a Board-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.
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.
Is a DUI Eligible for an Expungement?
Yes, a DUI is eligible to be expunged. However, judges have wide latitude to deny a petition. Therefore, it’s important to have an attorney prepare and file your petition.
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?
There is never a guarantee in the legal profession. 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. Indeed, attorneys 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,
- Any other documents you wish the judge 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 Irvine DUI Expungement Attorney
If you’re seeking to expunge your DUI conviction, Irvine DUI expungement attorney. We handle DUI expungement petitions all throughout southern California.