Removing a DUI Charge From Your Record (Expungment)
An expungment is a legal procedure that removes a prior conviction of a DUI or other criminal charge from your record. The experienced attorneys at Hoffman & Associates have been helping clients for over 30 years clean up past mistakes through successfully expunging any prior DUI conviction from their record.
California law allows anyone convicted of a DUI or most other criminal offenses to expunge or remove them from their record if they meet two conditions. First, they must have been placed on summary (informal or formal) probation by the court. Second, they must have successfully completed the probationary period. Once the probationary period has been satisfied an individual may petition the court to expunge their DUI conviction.Procedure for Filing an Expungment
Everyone seeking to remove a conviction from their record is in a hurry. Once our office is retained we immediately request all court records, which contain important information about the exact charge, conviction date, and court which are necessary to accurately complete the expungment petition. Once this information is received our attorneys proceed to complete the expungment petition and then file it with the court for their review. Once a petition has been received by the court and the court filing fee has been paid (typically $120.00) the court obtains the court file from their records department and the file is sent to the judge for his approval. Presuming all legal criteria has been satisfied the judge signs and grants the petition and returns it to our office. This process takes approximately four to eight weeks. If the judge grants the expungement, the individual will withdraw either their previously entered plea of guilty and then enter a plea of not guilty. Then, the case will be formally dismissed.
For the majority of our clients the most important benefit of an expungment being granted is that they are not required to disclose their previous conviction on any employment application. This could otherwise have numerous negative implications. However, the obligation to disclose may still apply to state or federal jobs or other licenses.
Even though your DUI may have been expunged, the ten year period of priorability is not affected by this procedure. In California a DUI conviction remains on your DMV record for ten years. Meaning, if you were to get another DUI conviction within that period, the court as well as the DMV will treat it as a repeat offense.
The skillful attorneys at Hoffman & Associates can help you once again have a flawless record even after you have suffered a DUI conviction through the process of an expungment.