Expunge Your DUI

Expungement of DUI Cases

If you have already been convicted of a DUI, you may become eligible for an expungement of your DUI conviction under California Penal Code Section 1203.4. An expungement results in a dismissal of your case. If you are granted an expungement, the court will set aside and dismiss the conviction. Specifically, the court will withdraw your guilty or no contest plea, or guilty verdict if you went to trial, and grant a not guilty plea.

Why should you apply for an expungement of your DUI?

There are several personal and professional reasons why someone would want to apply for an expungement. An expungement is not automatically granted, and will not be granted in the event that you have broken any law since you received your DUI conviction, so the fact that your conviction is set aside proves to you and others that you have learned from your experience and have lived a law-abiding life since your conviction.

On a professional level, you can truthfully tell private employers that you have not been convicted of a crime. What’s more, California Labor Code §432.7 prevents employers from asking about any arrest that didn’t result in a conviction, inquiring about it from other sources or use it in a hiring decision.  Note that if you ever apply for a job with a public entity, or for a professional license, when asked if you were ever convicted of a crime, you will have to report “Yes, and my conviction was dismissed.” Again, the fact that your conviction was set aside will definitely reflect more favorably on your character and indicates that you have fulfilled the requirements necessary to have your conviction set aside.

Additionally, most Licensing and Certification agencies in California will not grant a license to someone who has been convicted of a crime. The same is true for Governmental jobs. However, if your conviction has been expunged, most Governmental licensing and hiring agencies (except police agencies) are required to treat you the same as if you were never convicted of the crime.

What An Expungement Can Do For You 

An expungement will reflect that your conviction has been set aside. An expunged record cannot be used by private employers as a basis to deny you employment. Also, in the State of California, Government Employers (except for the police) and Licensing Agencies such as the Department of Real Estate, Board of Nursing, etc., will treat you the same as if you have never been convicted of a crime if your record has been expunged.

What An Expungement CANNOT Do For You

An expunged record can still be reviewed by a judge for the purposes of increasing your sentence if you are ever convicted of another crime in the future.  Also, an expungement does not wipe out your criminal record. Your criminal court file will not be physically destroyed, and is therefore searchable and is often discovered by private investigators and others who perform background checks. If your criminal court file is discovered, it will show that your conviction was set aside by the court. Accordingly, the Judicial Counsel of California advises that if you are asked by a private employer if you were convicted of a crime, you should answer “Yes, and the conviction was dismissed.” In the case of public employers and licensing agencies, you are required to answer that you have been convicted of a crime and that your conviction has been dismissed. Additionally, an expungement will not automatically grant you the ability to possess a firearm, nor will it restore any driving privileges that were revoked by the DMV due to the conviction.

When Can You Apply For An Expungement?

If you have been convicted of a misdemeanor DUI in a California state court (a 1st, 2nd or 3rd DUI with no accidents or injuries involved), and were not sentenced to prison, you are eligible to apply for an expungement at the end of your probation term.  If your probation term has not ended but you have fulfilled all other terms of your probation (such as CalTrans, community service, payment of fines) your lawyer may apply for early termination probation. Once early termination of probation is granted, you will be eligible to also apply for an expungement.

If you have been convicted of a Felony DUI in California, you would first need to petition the court to reduce the felony to a misdemeanor. So long as you were not sentenced to prison, and your Felony is reduced to a misdemeanor, you will be eligible to apply for an expungement.

If you served time in State Prison or otherwise were under the care of the Department of Corrections, you will not be eligible for an expungement, but may be eligible for a Certificate of Rehabilitation from the California Board of Prisons.

Originally published here.

If you are charged with DUI or ?driving under the influence? in Michigan then you will need to hire the services of a qualified Michigan DUI lawyer. DUI cases require expert knowledge of the scientific and medical evidence that is gathered in such cases and on which a successful prosecution of DUI is based.

Hiring an experienced Michigan DUI lawyer who specializes in DUI cases will give you the best possible chance of mounting a successful defense. It is important to note that not all lawyers will have experience of DUI cases and it is better therefore to hire one who only deals with charges of DUI.

Obtaining a successful prosecution in a DUI case can be as difficult as it is to successfully defend one. The strength of the evidence submitted and the way in which it was obtained is often the key focus for many defense lawyers, who may look to submit alternative theories for the results of the field tests or question the procedures used when the blood alcohol test was carried out. Either sides case will depend on upon sufficient doubt being cast about the driver?s ability or the strength of the evidence.

Your lawyer will attempt to question the legality of the evidence and present reasons why the judge should deem it inadmissible in court. This is why hiring a Michigan DUI lawyer is so vitally important as they will have the knowledge and expertise to understand and question this evidence.

If you are charged with a DUI offense then you should seek to hire a lawyer as soon as possible so they can begin building your defense straight away. The first consultation with many lawyers is often free of charge and can last up to an hour. This is your opportunity to question them on the knowledge and expertise they have in such cases, as well as asking about the consequences of the charges and the penalties should you be found guilty.

Those found guilty of a first time offense will usually face less severe penalties than those who have previous convictions, however this can change should serious injury or death have been caused as a result of DUI. Those with previous DUI convictions may seek to enter into a plea bargain whereby then entering of a guilty plea could lead to a lesser penalty being handed down.

The lawyer you hire will do far more than simply represent you in court. From the moment you hire them, they will work to manage the case for you, communicate with all relevant parties and officials and ensuring all the correct paperwork is submitted. DUI cases can be lengthy and frustrating and unless you have a keen legal knowledge yourself, should not be undertaken without the services of a lawyer.

Originally published here.

There are several ways in which to do this and the procedures do vary. But this can be accomplished from any state.

Not everyone is eligible for expungement, there are ways to seal the record no matter which state you live in.

I am going to show you what to do when when you need to expunge your DUI You are not alone. Each year 1.4 million people that is one out of every 135 people in the US are arrested by the police for driving under the influence.

There is so much knowledge available now to develop strategies that will clear your driving record and or minimize the effect having a DUI will have on your life.

This has been organized into a step-by-step process that literally walks you through the exact steps you must take to get this done. But not everyone will be eligible to use the information. Before I can tell you more specifics of the knowledge contained in the DUI Process Manual.

Please take note of the eligibility criteria below…If your offense is related to vehicular homicide, you are not eligible.

If your DUI offense is complicated with felony drug charges you most likely are not eligible.

If your DUI offense involves extensive property damage and/or severe accident or injury you are not eligible.

If you are ELIGIBLE …then expunging your DUI record can occur. You need to study the information available in the DUI Strategies Report which I am going to give you for FREE!

Each state has different DUI laws, but the way in which your records are handled is similar nationwide.

Ok, so you want to know how to expunge your DUI The DUI Process Manual goes in depth on strategies that will help you through the DUI Experience.

It was written by a collaboration of people, all with different areas of professional expertise. Then edited and organized by people who have been in your exact same shoes. That is very important. So if you need to expunge your DUI this is the manual you should not be without.

Originally published here.