Fresno Criminal Defense Attorney | Fresno DUI Attorney Serving all of California

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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. 

 

 

 

 

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: 559.441.1418 
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