Depending upon which state you live in, once you are convicted of a DUI, you could be ‘out of luck’ when it comes to clearing your driving record of your DUI charge. Many states do not allow a DUI conviction to be expunged. However, California does offer you a chance to clear your record through a process known as post-conviction relief.

California Law and DUI Expungements

The California legislature has passed new laws that adjust the way DUI expungements are handled in the court system. In the past, you could get a DUI conviction expunged by completing sentence requirements and then petitioning the court. Now, you must undergo a formal hearing to resolve whether or not your DUI conviction can be expunged. It is up to the judge to decide if you will be able to have your record cleared of the DUI conviction.

Am I Eligible for Post-Conviction Relief?

California criminal offenses are classified as a felony, misdemeanor or a ‘wobbler’, which are offenses that can be brought to court as either a misdemeanor or a felony. Your eligibility to receive post-conviction relief rests on your DUI charge and the sentence you received.

You are not likely to achieve post-conviction relief if you are still on probation. However, a California DUI attorney could file a formal request to the same court you were convicted in to terminate your probation early to make you eligible.

In making its decision, the court will look at your conduct since your DUI conviction. Have you held consistent employment? Have you completed all DUI sentence requirements? Did you pay all DUI fines and/or restitution? Would justice be served by an early termination of your DUI probation?

Reduction of DWI Charges

The only felonies that are eligible for diminution are “wobblers.” Once your probation is over, your DUI attorney can file a petition with the court to reduce your felony to a misdemeanor. If the court grants the petition, your DUI felony conviction becomes a misdemeanor unless you are charged with a similar crime in the future. If you are found guilty, it will be as if the first felony was never reduced and your punishment will be greater. Also, your rights to own firearms are restricted.

DUI Expungement

Expungement of your DUI is another alternative that is available in California. You can expunge both misdemeanors and felonies, but only certain convictions are eligible. Was the initial crime committed by an adult or a juvenile? Was the conviction for a felony or a misdemeanor? Was probation offered? Was a stretch in state prison part of the sentence?

There are several benefits to having a DUI conviction expunged from your record. It can open doors to new employment, remove barriers to acquiring professional licenses and housing, not to mention give you peace of mind.

If you are seeking post-conviction relief for a DUI in California, you should consult with a attorney who has familiarity with the process. He can review your case and determine whether a DUI expungement or reduction of charges is possible and should be pursued.

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If you have been arrested for DUI and you are applying for a job one of the most common questions is do you have to list your DUI on your job application. This question can be complicated and it may depend on the specifics of your situation, but there are a few things to consider before listing it.

Can the DUI arrest be cleared from your driving record? After you have been arrested for DUI you need to find out immediately how you can protect your future. This can include not only your future driving privileges and auto insurance coverage but also your future employment options. If you have not explored whether or not you can clear your record, this is the first step before admitting you have been arrested or convicted for DUI.

It is also important to understand what the question on the job application is really asking. Some job applications are only requesting information about prior DUI convictions. So if you have been arrested for DUI but were not convicted, you may be able to answer no.

Many employers will do a background check for all potential employees and will find out if you have been charged and convicted of DUI whether you admit it or not. If you have been convicted they may choose not to hire you.

Expunging your DUI Conviction

Driving records can include information about a driver’s violations, license restrictions, criminal convictions and insurance information. These records can be monitored and checked by potential employers and insurance agencies. Unfortunately, any type of driving infraction or arrest can hurt your chances of receiving low insurance rates or getting hired by potential employers.

So what can you do? In some cases a DWI conviction can be expunged, which means it can be sealed or erased. If it is sealed or erased it may almost be as if you were never arrested for DUI. I say almost because in many states the expunged DUI arrest may be revealed and used against you if you are convicted of another DUI. Your DUI penalties may also be more severe for any subsequent DUI arrests.

Also, keep in mind that certain job applications such as those for a public office, a government job or a request for certain types of professional licenses may require you to admit you have been convicted of a DUI.

When is an expungement allowed? In certain states it may be allowed if a driver is not on probation, has not been charged with any new crimes and has completed all of the steps outlined by a judge.

Hiring a DUI Lawyer

If you have been arrested for DUI you may face severe DUI penalties. Even first time DUI offenders may face high DUI fines, probation, jail terms, mandatory installation of an ignition interlock device, or mandatory attendance in an alcohol education course.

State laws vary on DUI expungement. Talk to a DUI lawyer in your state who is familiar with the process to expunge your DUI conviction on your driving record. Do not let one mistake ruin your life and your ability to seek future employment.

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You were pulled over, failed a sobriety test, were arrested, faced charges, and then got the penalties. What happens after? It’s a question you may not consider. Life does go on after a DUI charge. While the charges are serious, they need not ruin your life. This blog guide can help.

Why were you arrested?
Drinking and driving is a leading cause of death in the United States. Simply put, thousands die as a result of drinking and driving ever year – and not just those who are intoxicated. DUI has been a point of emphasis in the last decades because of how so many more people are driving after drinking. While the penalties are severe, they are usually fair. If you hurt someone, it can ruin your life. You have options beyond drinking and driving. You can get a designated driver. You can ask a loved one for a ride. If this is after the fact, it’s time to consult with a local DUI lawyer and to fight for your rights. Simply because you were charged does not mean you are guilty.

How soon can you drive?
This depends on the nature of the charges. If this is your first offense, you may lose your license for six months to a year. If you are a multiple offender, you may be unable to drive for years. If you hire the right DUI lawyer, he or she can limit penalties against you. The arresting officer might have made some mistakes. The breathalyzer may have been wrong. You may have broken no laws. A DUI lawyer can find the answers.

How will this affect your employment?
You might think getting charged with drinking and driving will not affect your employment. In fact, it can greatly change your work life. If you are currently employed, you may have trouble getting to work (since you cannot drive). But if you go job hunting, this DUI will stay on your record and will show up on a background check. You might lose some jobs if you lose at trial and have a DUI on your record. Not all employers will consider a DUI a major crime, but some who are looking for reasons not to hire you may find one with your criminal record.

Will this be on your record forever?
On the other hand, you can have this charge expunged from your record. This is very possible, and important, because the charge will remain on your record. If you hire an experienced lawyer, he or she can help you get this off your record. After that, you can move on.

Moving On
There are some other downsides to getting a DUI. It will likely increase your car insurance, so when you’re able to drive again you’ll be spending more money. Even this can be overcome. If you avoid getting further DUI charges, you can move on. You can get your license back, have the charge expunged from your record, and get a second chance as a driver.

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Did you know a DUI can stay on your record for life? Yes, a single criminal charge such as a DUI can be on your legal records forever. That makes preparing an effective defense crucial. If you plead guilty, a big mistake, you are accepting that employers, colleges, the military, and more can find this on your record. If you decide to join the army, for example, on their background check your criminal charges, including DUI, will be found. This can have life changing consequences.

Why is it like this?
DUI is a criminal charge. Though seen as commonplace to some, it can change your life. The problem is that drinking and driving leads to thousands of deaths every year (about 10,000, in fact), where people who drink drive, crash, and deaths are involved. You might hit a pedestrian, hit a parked vehicle, even hit a vehicle with children in it. And the deaths are only the beginning. There are even more injuries – to drunk drivers and others – than deaths. That makes the reason a DUI stays on your record clear.

What if you are not guilty?
If you are not guilty, you need to plead your case in court. Many consider pleading guilty, even if they don’t believe they were over the limit. Since breath and blood tests are not 100% accurate, you need to question the case made against you. You may have in fact been under the limit for drinking. Even if you believe you are guilty, by pleading guilty you ensure this will be on your record forever. If you are not guilty, the most important step to take is hiring a lawyer.

Where can you find a lawyer?
You should find a lawyer capable of defending you who is local and won’t charge you a fortune, which is very possible. Since state laws differ, you want a local lawyer who understands the laws and has experience. Some DUI lawyers are more expensive than others. Few of us can afford to spend $25,000 on a defense.

How can a lawyer help?
A lawyer can question the entire case made against you. Likely, your lawyer will advise you not to plead guilty. If you plead guilty, as noted, it will stay on your record. Quite often, an effective defense can be made. It doesn’t always mean you’ll win; sometimes you’ll only lessen penalties. But a lawyer protects your legal rights more than anyone else.

Can you get it taken off your record?
You might be able to have a lesser charge show up on your record – rather than a more serious charge – with an effective defense. Though rare, you might also be able to have the entire case expunged from your record, so it will not show up for potential employers and institutions. This is impossible without an experienced lawyer.

In the midst of the confusion following a DUI charge and/or conviction, many people are unaware that their records will be altered. Having DUI records in your background can affect your life in many ways, even years after your conviction. Understanding what can happen to your record is key and with the help of an attorney you may be able to resolve these issues.

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What is an expungement? It’s a process for cleaning up your legal record. If you have a DUI on your record, there are ways to remove it. However, legally it’s not always possible. And the DUI will still be on your record, but only accessible to the government and law enforcement.

How the Court Process Starts
Court processes vary from state to state. In most cases, you’ll be filling out a petition and submitting paperwork to a criminal court. A judge will review this and decide your case. Sometimes you have to pay fees.

It can be much more complicated than that, and getting the help of a lawyer is recommended. If you make mistakes in the petition or other paperwork, the judge may decide against you. On the other hand, it may not be possible in the first place. There is often a hearing, where you can make a case with the help of your DUI lawyer.

Are you eligible?
Again, state laws differ in certain criminal law cases, and that includes driving under the influence charges. What the judge usually factors in this case is how much time has passed since the conviction, if any further crimes have been committed, how bad the charges were (if you received a felony charges in your DUI), and more. If the judge feels any of these are still questionable, he or she will likely deny your expungement.

Is it erased?
It will technically not be erased. What happens is your record is “sealed,” but even sealed government records can be accessible. Your DUI charges will still be accessible for police officers and other law enforcement; it will show up if you’re pulled over for speeding, for example.

How do you get help?
This is a big step in clearing your criminal record. If you can remove a DUI, it can really give you a second chance. Yes, it is difficult, but more than worth trying. This makes your overall record look better. If you are interested in removing a DUI from your criminal record, you need an experienced lawyer. You want a local lawyer who knows the state laws, who can handle the complexity of the case, and has the experience in handling expungements before.

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