Legal Question in DUI Law in California

Re: Felony DUI charge reduction

GIVE US A CALL TO DISCUSS. Larry Wolf

310 277 1707

Re: Felony DUI charge reduction

It depends. If you never actually went to State Prison on this case, you could get a reduction to a misdemeanor pursuant to PC 17(b), or an expungement per PC 1203.4. They actually have a form motion that you can obtain from the clerk of the court where your conviction occurred. The filing fee for the motion is usually around $60, but it depends on your county. In the past, it was easy for people to file their own motions this way. There were no hearing dates set, and judges would grant or deny them without the need for a hearing and argument. They call that "chambers work." Nowadays, however, many courts are requiring a formal noticed motion with a hearing date and appearances of either counsel or the defendant. You may want to call the clerk of the court where you were convicted and see how that court does it. Of course, I do expungements for a fee which includes a formal written motion (I don't use the form from the court) and I appear and argue the merits of the motion -- I don't ever just leave it to "chambers work," and I wouldn't recommend doing that on a felony.

An expungement, however, is of limited usefulness. It means you can answer private employers (NOT the gov't nor any licensing agency) that you have never suffered the conviction. That's the extent of the advantage.

However, there is other relief available to you. You can also get a full pardon from the Governor, either directly or via a Certificate of Rehabilitation from the Court. Given the age of your conviction, if you have suffered no other convictions recently, the Certificate and Pardon may well be to your best advantage. If you were not sent to prison on this case, you must first obtain the expungement, then petition for the Certificate. If you did go to prison, you cannot get the expungement, so you skip that step. Strangely, it's a bit "easier" -procedurally, at least-- to get a pardon after you were sent to "the joint."

It's complicated, even for attorneys, so feel free to contact me directly for more help. I am available to assist you by consulting further at no cost, or I can be retained to seek the relief for you. Contact me at [email protected], or call me at my office at (800)515-0233 or cell (714)612-7865 if I can help. Otherwise, I wish you well.

Kindest regards,

JACQUELINE GOODMAN RUBIO Attorney at Law

Re: Felony DUI charge reduction-correction

Typo on my email address. It's [email protected] to email me directly.

Re: Felony DUI charge reduction

Contact the local probation department and request a form for reduction of the charge to a misdemeanor, assuming you qualify for that service, and to have the charge dismissed under the penal code. A small charge will be assessed by the probation office for this service. If qualify the probation office will obtain the relief.