Orange County Criminal Lawyers
DUI Expungements in Aliso Viejo
A DUI always results in two types of records: a criminal record and a DMV record (also known as driving record).
According to California law, a DUI automatically falls off of a driving record within 10 years. But, your criminal record for a conviction for DUI stays on your record for life unless it is “expunged” through the court system.
If you have a DUI criminal record, you may have challenges obtaining a job. You may also have problems obtaining certain types of professional licenses or clearances.Reasons for expungement of DUI
Criminal convictions do not drop off your criminal record after a period of time. That means you need to get court relief for a DUI conviction. The benefits of expungement of DUIs are:
- Successful completion of your probation. DUI convictions that include probation require that you not only attend the program but also successfully complete it. This can be used to:
- Offer relief to you in future DUI crimes.
- As evidence to your employer that you have received drug and alcohol rehabilitation
- As evidence to a licensing board.
- Show that you have taken the initiative to undergo through and mitigate the mistake to the end of the period provided by law.
- For employment purposes. This is the main reason why people expunge their DUI. The benefits of having your DUIs expunged include:
- Your prospective employers should not hold it against you during hiring.
- Your employer can not use it to deny you a promotion.
In spite of the above benefits, you need to know that expungement does not clear a DUI from your record. Rather, under PC 1203.4, the court will permit you to withdraw you guilty plea and the charge will be dismissed pursuant to PC 1203.4. In addition, having a DUI expunged from your record will not automatically get back a driver’s license and restore privileges. It should also be noted that just because you get your DUI expunged does not mean that if a DUI should occur in the future, that an expunged DUI will not count as a prior offense. This is important because of how the more DUI offenses one has, the more severe the consequences will be should another DUI occur.Legal time to file for DUI expungement
You are eligible to apply for you DUI expungement when:
- You have completed your probation term without waiting period.
- You have fulfilled your all terms of your probation like Cal Trans and community service
- You have paid all the fines and or fees
- You have completed your court approved DUI treatment program as required by law.
- You are granted a motion for early termination of probation in DUI cases.
- When the court allows the application.
It should be noted that if a DUI is incredibly serious, such as if there was no probation, then expungement of a DUI is not very likely. Also, if there are any current criminal issues occurring during the time you request an expungement, then expungement is also unlikely.