Legal Question in DUI Law in California

I am in the process of trying to terminate my probation early in order to get my Dui expunged. I have completed all requirements and served 26 months of my 5 year probation. I desperately need my dui expunged in order to get a better job. I have been denied from re enlisting in the military and been turned down multiple jobs. I have never been in any legal trouble. I have already filed a motion to terminate probation and just received a letter from the DA stating they oppose the request, because I havent served the probation term. What can I do to better my chances? Is there a chance even though the DA opposes my request?


Asked on 12/20/12, 9:39 pm

2 Answers from Attorneys

Steven Mandell Law Offices of Steven R. Mandell

There are many possible ways to improve your situation, but there's not enough information in this email to recommend of any of them. A judge can grant your motion even if the DA opposes it. The trick is to make the Judge WANT TO grant it. If you'd like to discuss this with me further, don't hesitate to call me. Good luck. Steve Mandell 310 393 0639

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Answered on 12/20/12, 10:03 pm
Terry A. Nelson Nelson & Lawless

Since you kicked the sleeping dog and now have the DA on record opposing expungement, you can still try filing the Petition correctly [as you should have] with good supporting documentation and background facts, and see it the judge will grant it anyway. He may if done well enough. If serious about doing so, feel free to contact me for the legal help you should get.

You need to learn the limits of the benefit of expungement, which it appears you do not know.

Some CA criminal convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, but ONLY IF there was no felony prison time sentenced, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending.

If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction, either from the court records or DMV. Nothing will. Expungement does change the record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc]. For any job dependent upon a license and clean DMV record, your DUI will show up.

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Answered on 12/21/12, 4:25 pm


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