DUI Expungement Attorney in Newport Beach, CA
Are you looking to expunge your DUI conviction in Newport Beach? A division of the Law Offices of John D. Rogers is devoted to filing expungement petitions for those seeking to clean up their criminal records. We simplify the process and aim to file your petition within 24 hours of hiring us. Contact us today for a risk-free consultation with an experienced Newport Beach DUI Expungement Attorney.
Attorney John D. Rogers is a board-certified criminal law specialist by the state bar of California. This distinction has been achieved by only a small group of California criminal defense lawyers. Therefore, you can be assured that an experienced criminal defense attorney will handle your petition with the utmost professionalism.
What is an Expungement in California?
Contrary to popular belief, California does not have an “expungement” statute. Instead, California has a dismissal statute pursuant to penal code 1203.4. If granted, then it’s an order from the judge deeming the defendant statutorily rehabilitated from the offense. It relieves the defendant from all “penalties and disabilities” resulting from the conviction. A notation will be added to your formal criminal record reflecting that the conviction was dismissed per section 1203.4.
Requirements Before 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
- Have no pending arrests or cases against you in any jurisdiction.
How Long is the Process to Expunge a DUI?
It generally takes 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.
What is the Cost of a DUI Expungement?
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 a copy of 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 profession. The decision to expunge your DUI conviction is highly discretionary upon 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,
- 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 Newport Beach 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 Newport Beach DUI expungement attorney. We handle DUI expungement petitions all throughout southern California.