If you or a loved one has been convicted of a DUI and you want to get your life back on track you can get an expungement, for a DUI. Many times people call my office and think that somehow they are ineligible for an expungement because the underlying offense is a DUI.
This is not the case. DUI offenses can be expunged from your record. Below I will go over the law for expungement and exactly what effect the expungement will have on your record.
WHAT IS THE FIRST STEP TO GETTING AN EXPUNGEMENT?
The first step to getting an expungement is to find out exactly what your record is. What your “rap sheet” is. Your exact criminal history so that when you see an Attorney there are no unexpected surprises.
SOME WAYS TO GET YOUR CRIMINAL HISTORY
Fresno County Superior Court Odyessy portal
Fresno County Archives
Visit the Fresno Police Department or The Fresn Sheriffs Office and ask for a copy of your criminal history
California DOJ fingerprint check with the Department of Justice. Ask for a livescan
SUCCESSFUL EXPUNGEMENT
A successful Expungement will withdraw a “guilty” plea or “no contest” plea and dismiss the case. Defendant’s convicted of a misdemeanor or felons sentenced to probation, local county time or AB 109 may be eligible to file for the petition once they have paid all fees and fines associated with the case and are no longer on probation or faces charges for any other offense. Some relief is mandatory and some relief is descretionary.
BENEFITS OF DISMISSAL
The offense is no longer considered a conviction
if all of your convictions are expunged you can mark ” no convictions” on the application
All employers cannot legally use no convictions expungement to deny employment
May help with licensing agencies such as nursing teaching credentials etc.
May help with housing or voucher programs
May help with eligibility for financial aid
LIMITATION OF DISMISSAL
Many people believe that somehow the expungement process shreds the record and gets the case permenantly erased or a clean slate thaf is not exactly true there are limitations to the the expungement and your record will show an update that the case has been expunged. Some of the limitations are listed below.
The expunged case can still be used for future prosecutions
May still limite professional and occupational licensing
It will always appear on your “rap sheet” or “background check”
The petition dismissal does not permit you to own a gun.
The peition does not clear your DMV record
Even if you do not meet the criteria for an expungment you might be eligible for other types of relief under the law. If you have completed your sentence and are not facing other charges you can look at all forms of relief to see if you meet the criteria for that relief such as:
Expungement
Felony Reduction
DEJ for Immigrants
Proposition 47
Proposition 64
Certificate of Rehabilitation
If after reading this article you have further questions give us a call and we can see if we can help you with your questions. If you have completed your probation do not owe any money and are not currently facing any new charges give us a call and we can sit down and determine what type of relief is available to you so that you can get on track with your life.
you can call us at 559 441-1418. usually it is better to have all your records with you when you come into the office so that we can get going on the process with all of your history in mind if you have multiple cases.
