Anaheim DUI Expungement Attorney
Get your drunk driving record sealed in Orange County!
It is absolutely possible to get your DUI record expunged in the state
of California, provided that you qualify. There are two major ways that
you can qualify: 1) you were placed on probation for your DUI, and 2)
that probation was successfully completed. If you failed to successfully
complete your DUI probation, then that particular charge cannot be expunged
from your record. If you were not granted probation for your DUI case,
then you may be able to qualify for some other type of record sealing.
To learn whether or not you qualify, contact an Anaheim DUI defense lawyer
from The Law Office of Barney B. Gibbs as soon as possible.
Who can view my DUI criminal record?
If you were arrested, charged or convicted of drunk driving in Orange County,
your records are made public. Who would search your criminal background?
For one, future employers could conduct background checks. This could
significantly harm your employment prospects. Once a DUI offense is expunged
from your record, then you will no longer have to include it on a job
application, in an interview and it cannot be held against you when it
comes to your current position at your company. To learn in detail when
you do and don't have to disclose prior DUI convictions, please consult
with a lawyer from our firm.
How does this type of expungement work?
First of all, with the help of a DUI lawyer at our firm, you will have
to file a petition for record expungement with the court in your jurisdiction.
The judge must agree to grant the petition. Not all of them are granted.
The way the record sealing goes is, the defendant re-submits their plea,
changing it to "not guilty" and then the judge will dismiss the case.
There are two other types of expungement available to those in the state
of California. For these additional two types, probation is not necessary.
Penal Code § 1203.4A allows expungement of cases where probation was not granted and
Penal Code § 17 can reduce a
felony DUI to a misdemeanor. The first step in the process of expungement is to determine
which type of expungement you might be eligible for and then you can begin
to fill out the
Petition for Dismissal (CR-180) and the
Order for Dismissal (CR-181).
What an Expungement Cannot Do
An expungement makes it clear on your criminal record that you were convicted
and then that conviction was expunged. If someone request your criminal
history, this is what they will see, rather than a complete removal of
the conviction altogether. It will also remain public record that you
petitioned for an expungement. These court files are all public record,
and an expungement cannot hide this. A DUI expungement also does not remove
your requirement to disclose your DUI conviction on an application for
a license. The DMV can still use prior charges, even expunged ones, when
evaluating the suspension or revocation of a driver's driving privileges.
If you have been arrested and convicted for driving under the influence
of drugs or alcohol, you may be able to get your record sealed. Having
your criminal record sealed is an important step if you want to move on
after a conviction. While an expungement does not completely erase the
fact that a prior conviction took place, it does allow you to "re-close"
a past case but this time without a conviction. To learn more, please
contact The Law Office of Barney B. Gibbs today.