Orange County DUI Expungement Attorney

January 10, 2023

If you suffer from a DUI conviction, the Law Offices of John D. Rogers can help. A division of our office works exclusively to expunge criminal records. We work diligently to clean up your past so you can move forward in life. This means, with certain exceptions, that you can legally and truthfully deny your DUI conviction on a job application or other instances where it may arise and be an issue. Call us today or submit a contact request to schedule a free consultation with an experienced Orange County DUI expungement attorney. We aim to file your expungement petition within 24 hours of hiring us.

What is a California Expungement?


A common misconception is that an expungement will erase the conviction from your record. Contrary to popular belief, California does not have a true expungement statute. Instead, California has a “dismissal” statute written under penal code 1203.4. If a petition is granted by the judge, then it withdraws the finding of guilt and dismisses the charges. From that moment forward, California law deems an individual statutorily rehabilitated.

Is a DUI Eligible for an Expungement?


A DUI is an eligible offense for an expungement – regardless of whether you suffer from multiple offenses or you’re a first-time offender. However, a person is not entitled to an expungement for a DUI as a matter of right. The judge holds the discretion either to grant or deny the petition.

What is the Process to Expunge a DUI in Orange County?


The process to expunge a DUI conviction requires a specific petition to be filed with the court and served on the prosecuting agency. It also requires a proposed order to be submitted along with the petition. The petitioner may elect to hold a court hearing or waive a hearing and have the judge decide the petition on its merits.

Should I Retain a Lawyer for my DUI Expungement?


When seeking to expunge your DUI conviction, it’s imperative that you contact a lawyer experienced with expungements. The Law Offices of John D. Rogers has assisted countless clients with their DUI expungement. It is a particularized procedure and the filing must be done correctly or it will be rejected. Furthermore, a DUI expungement is highly discretionary – meaning the judge has wide latitude to grant or deny your petition. Accordingly, it is crucial that an attorney handle your petition to increase the chances of its approval.

How Long is the Process to Expunge My Record?


The process generally takes 30 days from the date the DUI expungement petition is filed. This largely depends on court operations and staff for that period. Once the petition is granted, the clerk transmits a copy of the DUI expungement order to the California Department of Justice. Afterward, a notation will be added to your formal record reflecting that the DUI conviction was dismissed pursuant to Penal Code 1203.4.

What Factors Does the Judge Consider When Ruling on a DUI Expungement Petition?


  • Whether the DUI involved an accident or injured victim;
  • Any probation violation(s) that were found true;
  • The defendant’s remorse and acceptance of responsibility;
  • How the defendant’s life has changed since their DUI conviction.

What are the Related Remedies to a DUI Expungement?


Let an Experienced Orange County DUI Expungement Attorney Help You


Attorney John D. Rogers is a board-certified criminal law specialist by the State Bar of California. Whenever our office represents clients in DUI cases or when we work to expunge their convictions, we will work one-on-one with our clients in order to mount a plan of action that suits their personal needs. We work to achieve positive outcomes and noteworthy results for our clients.

If you’re exploring the possibility of having your DUI expunged, contact the Law Offices of John D. Rogers for a free consultation.[1] Speak with an experienced Orange County DUI expungement attorney today.

 

Footnotes

[1] We service the Orange County area and the following localities: Newport Beach, Costa Mesa, Huntington Beach, Laguna Beach, Seal Beach, Westminster, Fullerton, Tustin, Irvine, Dana Point, San Clemente, Santa Ana, Yorba Linda, Fountain Valley, Garden Grove, Anaheim, Brea, Villa Park, Mission Viejo, San Juan Capistrano, Laguna Hills, Long Beach, Norwalk, Pomona, Riverside, Bellflower, Downey, Lakewood, Inglewood, West Covina, El Monte, and Los Angeles.

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