Legal Question in Criminal Law in California
expungement
I recently petitoned to have a dui that's 3 years old expunged. I understand that there're three seperate forms: Proof of service, the form that the judge fills in if they grant or deny, and petition for expungement. I just want clarification if I had them filled out correctly in specific areas. First, my best friend served the petition therefore she was suppose to sign the bottom of that page(decalarant)? Next, I signed and dated the actual petition for the expungement, it says petitioner on the bottom, am I allowed to be the defendant & petitioner? Last I filed this in the state of CA where I live, did it have to be notarized?? The court clerk stamped it and wrote their name. One more thing, the district attorneys office just called me and they need further information, by doing this, is it to my benefit?
1 Answer from Attorneys
Re: expungement
It is my understanding that a dui cannot be removed by expungment. The only provision for expungment that I am aware is PC 1203.4 and dui is statutorily excluded.
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