Legal Question in DUI Law in California

Jenny,

The easiest answer for you is that you can always request anything! The question is "will it be approved?" If you completed your probation then you should definitely consider this option.

Generally, California law (Penal Code Section 1203.4) provides that if a defendant has fulfilled the conditions of probation for the entire period of probation, then he/she shall, at any time after the termination of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or currently charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; the court shall thereupon dismiss the case.

There is a relatively new requirement that the defendant shows that the expungement is "in the interests of justice," which should encourage anyone seeking to expunge a DUI or Wet Reckless to include in the Petition for Dismissal all the good things about you and your history, and compelling or deserving reasons, if any, for the court to order this relief.

There are limitations to the usefulness of an expungement, so it is best to discuss this approach with a lawyer to be sure that you are eligible (or arguably eligible) and to be sure that you will accomplish your goals if the petition is successful, but generally an expungement is always a good thing. Lawyers provide lots of explanation and guidance, but most courts have expungement packets and you can find official forms on the official California court website at www.courtinfo.ca.gov

If you live in Sonoma County and you wish to hire a DUI lawyer, or browse for this kind of information, please visit my website at www.sonomacountyduilawyer.com

Good Luck,

Jake

Yes, you may be able to get expungement, and that will allow you to say 'no' to conviction on most private employment applications. But, your record is 'forever' and will show 'conviction dismissed through expungement'. That DUI still counts as a prior for ten years. If serious about getting expungement, feel free to contact me for the legal help you'll need.