If you have been convicted of a DUI in California, you may be wondering if there is a way to clear your record and move on with your life. The good news is that California law does allow certain individuals who’ve been convicted of DUI to have their criminal records “expunged,” but more specifically, dismissed. Please continue reading and reach out to a seasoned Tehama County DUI lawyer from Cohen Criminal Law to learn more about how we can help you through the process ahead. Here are some of the questions you may have:
What is expungement?
Expungement is a legal process that removes a criminal conviction from a person’s public criminal record. It does not erase or delete the conviction, but rather changes it to show that the case was dismissed. This means that you can legally say that you have never been convicted of a DUI when applying for most jobs, housing, or education opportunities. Expungement also protects you from some of the negative consequences of having a criminal record, such as being denied a professional license or facing discrimination.
Can I have my DUI expunged in California?
Not everyone who has been convicted of a DUI can have the conviction dismissed from their record. To have a DUI conviction dismissed from your record, you must meet the following criteria:
- You were convicted of a misdemeanor DUI or a felony DUI that did not result in state prison time.
- You successfully completed your probation and paid all fines and fees.
- You are not currently charged with or serving probation for another criminal offense.
- You have not been convicted of another felony within the past five years.
What is the process of having a criminal record dismissed in California?
The process of getting your DUI dismissed involves filing a petition with the court where you were convicted. You will need to obtain a copy of your criminal record, fill out the appropriate forms, attach any supporting documents, and send a copy to the prosecution. The court will then review your petition and decide whether to grant or deny it. If the court grants your petition, you will have to withdraw your guilty or no contest plea and enter a not guilty plea. The court will then dismiss your case and update your record accordingly. Importantly, you should always do so with a competent lawyer in your corner who is familiar with the process and can effectively guide you through it. If you have any further questions or wish to have your record cleared, simply contact Cohen Criminal Law today.