Los Angeles DUI Expungement Attorney

What Does a DUI Expungement in California Entail?

Gold & Witham may be able to help you have a previous DUI conviction cleared from your criminal record. This means, except for in certain circumstances, that you can legally deny your criminal record in job applications and other instances where it may arise and be an issue.

Many of our clients pursue an expungement so they can deny their criminal record or simply for peace of mind from past mistakes. It is often to vital have a criminal record expunged. Having a DUI conviction on your accessible criminal record can be a barrier to getting a job as many employers use a service that checks the criminal record of any potential employee; when the DUI conviction comes up, it may indicate to that employer that you will not be a good employee.

This can be a serious barrier to getting the employment you want and deserve.

Do I Need a Lawyer for My DUI Expungement?

When seeking to expunge your DUI conviction, it is crucial that you contact an attorney experienced with expungements in California. At Gold & Witham, we have assisted countless individuals with their expungements. The procedure is specific, and the filings must be done correctly. Experience in these legal matters is a significant advantage when seeking to clean up your record. Here's how we can help:

• Eligibility Assessment: We will thoroughly review your case to determine if you qualify for expungement based on California law. This includes factors like completing your court-ordered probation, having no new arrests or convictions, and the type of DUI offense.
• Petition Preparation and Filing: Our legal team will meticulously prepare and file the necessary expungement petition with the court, ensuring all paperwork is accurate and complete to maximize your chances of success.
• Court Representation (if needed): In some cases, a court hearing may be required to argue for your expungement. Our experienced attorneys will confidently represent you before the judge, presenting a compelling case for dismissal.
• Communication and Support: We understand the expungement process can be complex and stressful. Our team will provide clear communication throughout every step, answer your questions, and address any concerns you may have.

Additionally, a lawyer at our firm may be able to have a felony DUI conviction reduced to a misdemeanor and then expunged from your record. There are a number of options and strategies your Los Angeles DUI lawyer may undertake in expunging your DUI record.

At Gold & Witham, our attorneys proceed with skill and confidence in each case. Schedule your free consultation today! 

What is a DUI Expungement?

Expungement (California Penal Code section 1203.4) is a process by which, following the successful completion of court probation (satisfaction of all court-ordered responsibilities and penalties, and no new arrests or convictions), the Court will allow the Defendant to petition to withdraw a previously entered guilty plea, at which point that case can be dismissed in "the interests of justice" (Penal Code section 1385).

What is California's Procedure for DUI Expungement?

Eligibility Requirements

• Probation Completion: You must have successfully completed your court-ordered probation for the DUI offense. This includes fulfilling all requirements like fines, community service, and alcohol programs.
• No New Arrests/Convictions: You cannot have any new arrests or convictions since your DUI offense.

The Petition Process

1. Consultation with an Attorney: An experienced DUI attorney can assess your eligibility and guide you through the expungement process.
2. Petition Preparation: The expungement petition must be prepared and served to the court and prosecuting agency. Your attorney will draft a petition requesting the court to dismiss your DUI conviction. Presentation of the petition may be done by the completion of a standardized form, or by individually tailored papers justifying the DUI expungement.
3. Filing the Petition: The petition will be filed with the court where your original DUI case was heard and served on the prosecuting agency.
4. Processing of the Petition: This may be accomplished through an internal review by the court, or at an in-person hearing requested and attended by you (the defendant) and/or your attorney.

Court Hearing (might be required)

• In some cases, a judge may hold a hearing to consider your expungement petition.
• Your attorney will represent you in court, arguing for the dismissal based on California law and your specific circumstances.

Possible Outcomes

• Granted Expungement: If successful, the court will order your DUI conviction to be sealed. This means it will no longer be visible on most background checks.
• Denied Expungement: The judge may deny your petition for various reasons. Consulting with an attorney beforehand can help increase your chances of success.

Timeframe

The processing time for an expungement petition can vary, typically taking around two months.

Can an Expunged Record Ever Be Used Against Me?

Expungement will formally erase the DUI conviction from your employment record, but may still be discoverable by employers with access to "cached" or archived versions of California's criminal "rap sheets" (conviction records). Expungement does not affect prosecutorial records, so a defendant's prior, although "expunged," conviction may still be a basis for enhancing penalties on subsequent, or repeated, offenses.

Benefits of DUI Expungement in California

• Enhanced Employment Prospects: Having a clean record opens doors to new career opportunities that might have been previously unavailable due to your DUI.
• Peace of Mind: Expungement allows you to move forward from your past mistake without the burden of a criminal record constantly following you.
• Housing Opportunities: Landlords may be more likely to rent to you with a clean record.
• Reduced Stigma: Expungement can help eliminate the social stigma associated with a DUI conviction.

See How Our DUI Defense Firm Can Help You

At Gold & Witham, our attorneys have more than 40 years of combined legal experience, which we use to our clients' advantage. Whenever our attorneys take on a new DUI case or work to expunge a previous driving under the influence conviction, we work one-on-one with the client in order to build a plan of action that suits their personal needs and wants in regard to their case.

Our expungement lawyers in Los Angeles believe this is important not only to make the client comfortable when working with us, but it also helps our firm to achieve a positive outcome on your behalf. If you are interested in exploring the possibility of having a past DUI conviction expunged from your record, contact the offices for a consultation. We may be able to help you achieve the peace of mind you deserve.