Expunge DUI

If you have been convicted of a Crime in California, you or your legal representative may apply to have your conviction expunged under Penal Code Section 1203.4a if certain requirements are met.

What Types of Convictions Are Not Eligible For Expungement?

Expungement depends on a variety of factors, including the nature of the offense, completion of probation, and whether jail time was required as a part of the sentence.  Some offenses are not eligible for expungement and include:conviction under

California Vehicle Code Section 42001(b) which includes sections 2800, 2801 and 2803; and
Penal Code Sections 261(d), 286(c), 288, 288a(c), 288.5 and 289(j).
Additionally, if you were convicted of an offense that resulted in a State Prison sentence, you will similarly not be eligible for expungement, but may be eligible for a Certificate of Rehabilitation from the California Board of Prisons and a pardon.

When Does Penal Code Section 1203.4a Apply?

Penal Code Section 1203.4a may be applied to explunge your record if the following requirements are met:

You were convicted of a misdemeanor;
You were NOT granted probation;
You were NOT sentenced to prison;
You paid all of your fines;
You have lived an upstanding life;
You have not been convicted of another crime;
You otherwise completed the terms set forth by the Court; and
A year has passed since you were convicted.

How To Apply For Expungement Under PC 1203.4a?

You may apply for expungement by contacting an attorney to prepare the documentation and file it for you, or you may go down to the courthouse where you received your conviction and ask for an expungement packet. Certain fees and fines may apply and you may also apply for a fee wavier if you are unable to pay the fees.

What Is The Full Text Of California Penal Code Section 1203.4a?

(a) Every defendant convicted of a misdemeanor and not granted probation shall, at any time after the lapse of one year from the date of pronouncement of judgment, if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land, be permitted by the court to withdraw his or her plea of guilty or 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 accusatory pleading against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 12021.1 of this code or Section 13555 of the Vehicle Code. The defendant shall be informed of the provisions of this section, either orally or in writing, at the time he or she is sentenced. The defendant may make an application and change of plea in person or by attorney, or by the probation officer authorized in writing; provided, that in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if relief had not been granted pursuant to this section.  This subdivision applies to convictions which occurred before as well as those occurring after, the effective date of this section.  (b) Subdivision (a) does not apply to any misdemeanor falling within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, or to any infraction.  (c) A person who petitions for a dismissal of a charge under this section may be required to reimburse the county and the court for the cost of services rendered at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed sixty dollars ($60), and to reimburse any city for the cost of services rendered at a rate to be determined by the city council not to exceed sixty dollars ($60). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services established pursuant to this subdivision.  (d) Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council o r (2) approved by the Judicial Council.

Originally published here.

It sometimes happens that a person seeking to expunge a criminal record in Florida has open charges pending in another related case. Imagine, for example, that you are pulled over by a police officer for speeding. During the traffic stop, the officer discovers that your license is suspended and smells alcohol on your breath. You fail an administration of the breath test and are placed under arrest for driving under the influence (DUI). Your car is impounded and during an inventory search, a small amount of cocaine is discovered in your glove compartment. Charges are filed against you: possession of cocaine (a felony charge), plus DUI and driving with a suspended license (filed in misdemeanor traffic court).

You decide to hire a lawyer to handle your felony case and your lawyer works out a good deal with the State. Since this is your first criminal offense, you are offered a no contest plea with adjudication withheld. You accept, since your lawyer explained that having adjudication withheld means that you would be eligible to clear your criminal record. Now, you would like to begin the Florida expungement process with respect to the cocaine possession charge. However, the other charges from your arrest are still pending (recall the DUI and suspended license charge filed in misdemeanor court). Can you do it?

In Florida, the answer is no. First, you can only expunge a criminal record in Florida if charges against you have been dropped or dismissed by the prosecutor or court. When you receive a withholding of adjudication, you only may be eligible to seal your record. The main difference between record sealing and expungement is that a sealed record still exists (but the public is prevented from knowing its contents), while an expunged record is physically destroyed. However, under these circumstances you wouldn’t even be able to seal the record yet.

In a well-known case (to us Florida expungement attorneys, anyway), the Florida Department of Law Enforcement (FDLE), which is the agency responsible for determining whether you are eligible to seal or expunge a criminal record in Florida, denied the request of a juvenile seeking to seal a drug possession charge from his record under similar circumstances to the example given above. The juvenile appealed the FDLE’s decision to the courts. Florida’s Third District Court of Appeal held that the criterion set forth in Florida Statute Section 943.059(2)(d) specifically provides that an applicant is not eligible to seal or expunge a criminal record unless the applicant was not adjudicated guilty of committing any of the acts stemming from the arrest.

In layman’s terms, you cannot have any charges pending against you relating to the original arrest if you want to seal or expunge your record. All charges must be resolved before you can determine if you meet the statutory eligibility requirements. So although in our example above you received a withholding of adjudication on the cocaine possession charge, the DUI and driving with a suspended license charge remained pending, meaning you could ultimately be adjudicated guilty of either of these two charges and therefore be ineligible to seal any part of the record.

This reasoning extends to open charges in an unrelated case as well. The Florida statutes state that in order to be eligible to seal orexpunge a criminal record, you must never have been convicted of any crime, anywhere. If you have open charges, there is a chance you could be convicted on these charges and therefore would not be able to move forward with record sealing or expungement until all charges against you have been resolved.

Originally published here.

Www.Casecreed.com, charges for dui atlanta, is dui felony, dui second chance atlanta, felony expungement atlanta, dui jail atlanta, juvie jail atlanta