Criminal Defense in Orange County
Understanding DUI Expungement

Anaheim DUI Expungement Attorney

Get your drunk driving record sealed in Orange County!

Alcohol, handcuffs & car keys - California DUI Expungement

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.

If you are seeking to expunge a DUI conviction in California, contact our firm today.

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 a DUI Expungement in California 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.


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