Legal Question in Criminal Law in California

Re: getting a misdemeanor dui off my record

Thank you for your posting.

As mentioned previously, you would have to either finish probation, or petition for early termination of your probation, to have a dui conviction expunged from your record.

However, you can certainly do both. To terminate probation, you must have completed all other terms of your probation, as far as fines, programs, etc. You must also not have had any violations or other cases while on probation.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

Re: getting a misdemeanor dui off my record

Under Penal Code 1203.4, you are allowed to expunge certain prior cases. Normally, you must complete your probation first. By expunging a charge, it does not remove it from your record. Your record will stay with you throughout your life; however, it will allow you to petition the court to have your misdemeanor dismissed, and allow you to withdraw your pleading of guilty, or the finding of guilty against you in the case of a trial. Expunging a record allows you to state on a job application that you have never been convicted of a misdemeanor or felony (a felony can be reduced to a misdemeanor by way of 17B of the Penal Code). If a background check is done, the potential employer can see the original charge, but it will say it's been expunged. Expunging a record does not automatically mean an employer has to hire you. You may contact my office for a free consultation if you need further information.

Re: getting a misdemeanor dui off my record

You can petition the court to give early release from probation as a part of the application for expungement. Your situation probably qualifies you for that relief, so it you are interested in discussing the procedure and costs, contact me.