If you have been convicted of a crime, that crime can potentially stay on your criminal record for decades. Through expungement, records of these crimes can be sealed, releasing the individual from many of the harsh penalties associated with a criminal conviction. Not everyone is eligible to have a conviction expunged, though.
If you have a criminal conviction you wish to have expunged, the process required to achieve that goal is inherently complex. Therefore, it makes sense to seek legal aid in your case. To get the help you need, contact Los Angeles DUI Attorney immediately.
What Is CA Penal Code §1203.4?
PC §1203.4 allows convicted offenders to acquire relief in the form of allowing them to withdraw their guilty or no contest plea, changing it to a plea of not guilty. It also allows people who were convicted after not guilty plea to set aside the guilty verdict. This effectively dismisses the accusations against the defendant, releasing them from the potential consequences and fallout of a conviction.
Who Can Have Their Convictions Expunged?
Expungement is only possible for Californians who meet the following criteria:
- The defendant has completed probation for their crime and,
- The defendant did not serve time in a California state prison or they would have served their time in county jail if the crime had been committed after Proposition 47 was implemented.
Are Marijuana Crimes Expunged Automatically?
The California Department of Justice now reviews and seals the past marijuana convictions that may longer be considered crimes after the recreational use of marijuana was legalized.
Can a DUI Be Expunged?
Yes, DUIs can be expunged under the right circumstances. Though, in order to have your expungement processed, you must meet the criteria listed above. You also cannot have any pending DUI charges.
How Does Expungement Work?
Expungement offers post-conviction relief to individuals who may be suffering due to the consequences of their conviction. They can be beneficial if an individual wants to secure professional licenses, go to school, or get hired in certain jobs. Through expungement, offenses can be dismissed, allowing the offenders to get a fresh start following their criminal past.
What Does It Mean to Successfully Complete Probation?
One of the requirements for expungement is that an individual must have completed probation successfully. This means that the individual must have completed all of the terms of their probation, meaning they have paid any fines and restitution, completed the terms of any required counseling programs, and performed any mandatory community service that was issued.
Successfully completing probation also involves attending all required court appearances either in person or through an attorney operating on your behalf. Of course, there is one more requirement — you cannot have committed any new crimes while on probation.
Can You Get an Expungement if You Violate Probation?
Generally, it is true that an expungement applicant must have completed all of their probation successfully. This usually means meeting all of the conditions of your probation. Yet, sometimes, the courts do make exceptions.
If you received a probation violation, the court may hold a hearing intending to determine whether you are eligible for expungement. While your chances of getting expungement may be lower than that of someone who did not violate probation, there is still a chance your case will be sealed.
How Do I Get Expungement if I Broke Violation?
If you broke your probation and had a violation, you can still get your record expunged. In order to do so, you need to have a court hearing. During the hearing, the judge may consider any of the following:
- Whether you met the terms of your probation
- How serious your conviction was
- Your criminal history
- Any evidence that shows you are deserving of additional relief from the courts
To show that you are deserving of relief, a lawyer can help you demonstrate that you have an opportunity to obtain a good job, that you have strong ties to the community, and you have the support of your family in this effort.
How to Expunge a DUI in California
The best way to expunge a DUI conviction in California is to have a lawyer handle the process for you. While it may seem easier and more convenient to apply for expungement yourself, there are many steps that sometimes require you to submit evidence. If you are serious about having your conviction expunged, you should get help.
Ideally, you can work with a criminal defense attorney, such as the ones you can reach through Los Angeles DUI Attorney. To get in touch with someone who is ready to handle your case, simply call us or submit the contact form below.