Expungement

California law allows a person to withdraw his or her guilty or no contest plea after they have fulfilled the conditions of their probation for the entire probation period, or been discharged prior to the termination of the probation. California law also provides that a court has discretion to grant the expungement when it is in “the interests of justice.” Contact one of our San Diego DUI lawyers.

A DUI Attorney in San Diego advised, to successfully complete probation, a person must pay all fines and fees ordered by the court, and all restitution must be paid to any victims.  A person also must not be charged with any offense, serving a sentence for any offense, or on probation for any offense. You can contact us to speak with a San Diego DUI defense lawyer.

When all of the conditions have been satisfied, the next step is to file a petition with the San Diego Superior Court requesting that the DUI San Diego conviction be expunged from the defendant’s record.  Most courts will require that fees be paid for the filing of the legal petition. Also, the petition should be submitted on the proper legal form and is required to be served on the appropriate agencies. A San Diego Drunk Driving Attorney should be involved to ensure the petition for expungement is filed correctly, and served on the appropriate agencies, to ensure that the petition is not rejected.

A DUI lawyer in San Diego indicated that if the petition for an expungement is granted by the court, then, in most cases, a person can legally state that he or she has not been convicted of a crime when applying for private employment. However, information about convictions is widely available, and it is often a better idea to disclose the conviction than to hope it is not found. To obtain more information, please consult Penal Code 1203.4, or a San Diego drunk driving attorney.

By Douglas Gilliland