Westminster DUI Expungement Attorney
Do you suffer from a DUI conviction on your record from a case out of the Westminster courthouse? If so, then give the Law Offices of John D. Rogers a call today to speak with an experienced Westminster DUI expungement attorney. Attorney John D. Rogers is an accomplished Orange County criminal defense attorney and a board-certified criminal law specialist. Achieving certification in criminal law is only held by a small number of California criminal defense lawyers. Call us today to discuss your expungement eligibility.
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What is a California Expungement?
An expungement under Penal Code 1203.4 is a legal process where an individual can petition the court to have their criminal conviction set aside and the case dismissed. The clerk of the court will transmit a copy of the expungement order to the California Department of Justice. A notation will be added to the defendant’s criminal record to reflect that the charge was dismissed per PC 1203.4. This will allow a person to truthfully answer “no” on most job applications.
Is a DUI Eligible for an Expungement?
A California DUI conviction is eligible for an expungement. To be eligible for an expungement, the individual must have successfully completed probation and met any other conditions of the sentence. Additionally, the individual must not be currently serving a sentence for any other crime, currently charged with any other crime, or be on probation for any other crime.
What is the Process to Expunge a DUI Conviction?
The process of expungement entails filing a petition with the court and providing evidence that the individual has met the eligibility requirements. Proper notice must be provided to the prosecuting agency. The court will set a hearing to allow both parties to argue their respective side. If the court grants the petition, the judge will sign an order dismissing the conviction under the expungement statute.
What Documents Should Be Submitted with the Expungement Petition?
An expungement petition must be accompanied by a proposed order, proof of service, and a declaration from the petitioner explaining the reasons why the court should grant the request. It is always helpful for the petitioner to file character letters, accolades, and any certificates to show that they’re rehabilitated.
How Long is the Process to Expunge a DUI in Westminster?
The process to expunge a DUI conviction varies depending on court operations and the judge’s availability to review the petition. However, the process generally takes 30 to 60 days from the date the petition is filed.
Will an Expungement Remove the DUI from a DMV Driving Record?
The court and DMV are separate entities. Accordingly, an expungement will not remove the DUI conviction from your driving record. Unfortunately, a DUI will appear on a person’s driving record for 10 years.
Contact an Experienced Westminster DUI Expungement Attorney
If you were convicted of a DUI at the Westminster Courthouse, then call the Law Offices of John D. Rogers today. Contact us to schedule a free confidential consultation with an experienced Westminster DUI expungement attorney. We will gladly determine your eligibility and the approximate turnaround time.