If you're ready to clean up your criminal record after a Los Angeles DUI conviction, expungement or another form of post-conviction relief may be an option. Even felony drunk driving convictions may be expunged from your record with the help of a skilled Los Angeles DUI attorney.
There are two kinds of felony Los Angeles DUI cases - so-called "Hard" felonies that resulted in a state prison sentence, and "wobblers" - those offenses that can be charged as either a felony or a misdemeanor but are typically pursued as felonies. Each type of conviction requires a different post-conviction relief strategy.
"Hard" felony DUI convictions that were punished with a state prison sentence can be expunged in one of two ways - through a certificate of rehabilitation and pardon, or through a direct application for pardon to the governor.
Certificates of rehabilitation and pardon can be obtained from the court that convicted you if you can prove that you have led an exemplary life since your conviction and have been completely rehabilitated. In California, you must have lived within the state for at least three years before the petition will be considered. If your certificate of rehabilitation and pardon is approved by the court it will be sent to the governor who will decide whether to pardon you. Both the court and the governor's office may investigate your conduct both in prison and after release.
Appealing directly to the governor for a pardon is another option in expunging a felony DUI conviction. This approach is most often employed by individuals who cannot receive a certificate of rehabilitation, such as out-of-state residents. In order to be eligible for a pardon, you must have been off probation or parole for more than 10 years, except in extraordinary circumstances. You must prove that you have been completely rehabilitated and have led an exemplary life during that period.
"Wobblers," or felonies that didn't result in a state prison sentence, can be removed from your record if the court that convicted you agrees to reduce the felony to a misdemeanor. Once this is accomplished, the misdemeanor Los Angeles DUI conviction can be expunged from your criminal record.
Once your felony DUI conviction is reduced, the court will advise the Department of Justice, and the offense is treated as a misdemeanor with only a few exceptions. Your prior conviction can be used to increase your punishment if you're convicted of a similar charge within 10 years. Also, your firearm rights will still be restricted, because federal gun statutes supersede state laws.
If you're facing a new charge, are in jail or prison, have a warrant out for your arrest, haven't paid your fines in full, or are still on probation, you cannot have a Los Angeles DUI conviction expunged. However, an experienced Los Angeles DUI lawyer can ask the court to end your probation early, so that you can begin the process of expunging his or her record. Please contact us today for a free consultation