Tuesday, August 31, 2010

California DUI Expungment information - Q and A.

California DUI Expungment information - Q and A.

What is Expungement law

Penal Code Section 1203.4:

"[Petitioner shall]...be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided..."

Will I need to go to Court?

No. A California DUI Criminal Defense Attorney can handle all Court work for you.

What about applying for jobs?

* If Private Employers ask if you have every been convicted of a crime, you generally can respond with "NO".

* (Each question is different so please first contact a California DUI criminal defense lawyer before answering any specific question, in every case and for every form.)

* On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you must disclose the expunged case.

What doesn't a DUI Expungement do?

Your dismissed DUI conviction can still be used to increase your punishment in future DUI cases. The offense remains "priorable".

* It can still be used to enhance penalties & increase punishment should you get another DUI.

* It can be used to try to put you in jail or increase the length of a DMV suspension.

Does this erase all records and destroy the Court file?

No. An expungement is the disposition of the case to reflect a dismissal under 1203.4 of the Penal Code. This means the Court file, the California Department of Justice, and the FBI update their files to show the case has been ordered dismissed by the Court.