If you pleaded no contest or were convicted of driving under the influence of alcohol or drugs in California and you have fulfilled all of the terms of your probation (or you were discharged before completing your probation), you may be eligible to get your conviction expunged. Expungement is a form of post-conviction relief that allows you to clear your record and remove from your life the restrictions that come with having a DUI conviction.
An expungement is not something that is automatically granted, and failure to take the correct steps during the expungement process could affect whether or not your record is cleared. In San Diego County, our DUI expungement attorneys at the Law Offices of David M. Boertje have helped many clients get their DUI convictions expunged. There is no reason why you should have to suffer the consequences that come with having a DUI on your record—especially if you were wrongfully convicted and/or already fulfilled all penalties that came with your conviction.Getting Your DUI Expunged
There are benefits to getting your DUI conviction expunged. An expungement sets your conviction aside and allows a San Diego Court to withdraw your previously entered guilty plea, to enter a not guilty verdict instead, and then to dismiss the case against you completely. This clears your criminal record, which means that unless you are running for public office, applying for a license from a state or local agency, or signing a contract with the California State Lottery, you won’t have to reveal that you were ever convicted or pleaded guilty to drunk driving. This can benefit you greatly especially when you are applying for a job and a DUI conviction on your record could have removed you from contention.
Keep in mind, however, that an expunged DUI conviction can be alleged as a prior DUI conviction for sentencing purposes if you are convicted of DUI/DWI a second, third, fourth, or subsequent time within a 10-year period.
In California, a person convicted of a misdemeanor crime can get the conviction expunged as long as there are no other criminal charges pending and he or she has completed the terms of conviction and probation, including time in jail, the payment of all fines, and any other penalties imposed by the Court. If a person was convicted of a felony offense that required time spent in state prison (as opposed to county jail), the conviction cannot be expunged. However, with a help of an experienced San Diego post-conviction relief attorney, he or she may be able to obtain a governor’s pardon or a certificate of rehabilitation.
Getting your expungement approved can take time, which is why it is important that your San Diego DUI lawyer start the process as soon as possible. Many people convicted of DUI are not even aware that this option is available.
In San Diego, Carlsbad, and other cities throughout San Diego County, the Law Offices of David M. Boertje would like to talk to you. Our San Diego DUI law firm is experienced in all areas related to DUI arrests, defenses, and post-conviction relief. We know what needs to be done, and we are here to help you. Call the Law Offices of David M. Boertje to schedule your free consultation. You can also send us an e-mail or contact us online.