Newport Beach DUI Expungement Attorney
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. 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 Newport Beach DUI expungement attorney.
Background Information About DUI Expungement in Newport Beach
Contrary to popular belief, California does not have a true expungement statute. Instead, California has a “dismissal” statute codified under Penal Code 1203.4. Moreover, 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 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 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 Newport Beach 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 Newport Beach DUI expungement attorney. We handle expungement all over Newport Beach, including other counties – i.e., Orange County,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.