If you have been convicted of a so called “wet reckless” or a dui you may be eligible to have that matter expunged from your record. In practicing criminal law for more 15 years I know because we have done this for clients many times in the past.
Getting a dui or wet reckless can be a emberrassing and life altering thing for most people. It can and does happen to people from all walks of life. The consequences have never bee more severe or strict than they are now.
However, you need not face these consequences for the remainder of your life you can and should get the expungement process going to help you get your life back and not have to face some of the consequences, of this conviction forever.
HOW DOES MY RECORD CHANGE AFTER THE EXPUNGEMENT?
All criminal databases used for employment background checks, both publice and private, will update automatically within 30 days after your DUI expungement is complete. The process is that the Judge will send an order for an expungement to the California Department of Justice and then the Department of Justice will do an update on your ciminal history.
WHAT ARE THE CRITERIA FOR A DUI OR “WET” RECKLESS EXPUNGEMENT IN CALIFORNIA?
1. You have successfully completed probation (inormal or formal) or if you were not gien probation one year must pass since your conviction date. If still on probation check our our early termination of probation service early termination of probation expungement blog to be exact.
2. You must have satisfied all requirements of your sentence (fines, restititution, mandatory programs, community service, classes, etc ).
3. You are not currently charged with another criminal offense, on probation, for another criminal offense, or serving a sentence for another criminal offense.
One thing I would like to straighten out right now in this blog which I think is a misconception is that your DUI conviction does not automatically go away after a 10 year period. This is a common misconception. After a 10 year period if you did not re-offend your dui would be treated as a first offense. However, this does not mean the original DUI somehow went away. The DMV will not count the DUI as points on your record after a period of 10 years. Most employers look at your criminal record not your dui record for most cases. This is not always the case where you must drive for your job and so forth.
expunging the DUI from your record will not change your DMV printout, or DMV record. The DUI will remain on your DMV record for a period of 10 years regardless of whether the matter was expunged or not. Also, and expunged DUI will still count on your record as a prior DUI for a period of 10 years.
WHAT ARE THE BENEFITS OF A “WET” RECKLESS AND DUI EXPUNGEMENT?
Other than the mental relief one can experience with an alcohol related misdemeanor expungement, there are also many tangible benefits that a “wet” reckless or DUI expungement offers:
1. Your past DUI or “wet reckless conviction will not show up on employer background checks.
2. In almost all casses private employers cannot ask about convictions that were dismisssed under Penal Code section 1203.4 nor can a conviction that was dismissed be considered for employment purposes.
3. You can truthfully and legally answer no on job applications when asked fi you have ever been convicted of a crime.
4. You can greatly increase your earning capacity by becoming eligible for more employment oppurtunities.
5. You can become eligible for many types of professional licenses and certificates.
6. You can become eligible for better student loans.
7. You can become eligible for better housing assistance
8. You can tell friends and family that you have not been convicted of the DUI or Wet reckless.
9. You have the satisfaction of forgetting the past for good and moving forward into a more positive future.
If you have any further questions give us a call at 559 441-1418.
