San Bernardino & Riverside DUI Expungements Lawyer
When you are saddled by a criminal record, your personal reputation and career opportunities can take a major hit. Although many driving under the influence (DUI) convictions are misdemeanors, this does not mean that they should be considered “minor offenses” that have no significant long-term impact. If you have a DUI on your permanent criminal record, the conviction can harm you in many ways by limiting your education, employment and housing opportunities. Fortunately, our experienced California DUI lawyers have helped many people mitigate the impact of an alcohol or drug-related driving offense and reclaim their future by expunging a DUI or a related criminal offense.
Impact of a DUI Conviction on Your Future
Although you might be aware that a DUI conviction can result in criminal penalties imposed by the court and an administrative driver’s license suspension imposed by the California Department of Motor Vehicles (DMV), the long-term consequences of a DUI conviction last much longer than these formal punishments. A DUI conviction will be part of your permanent criminal record, which can be discovered by employers, academic institutions, landlords and others, severely limiting your educational and career aspirations as well as your housing options.
A criminal record that reflects a DUI conviction can impede your ability to pursue many types of jobs and promotions. In other words, these limitations can foreclose careers in particular fields of employment or impair your ability to obtain promotions that mean more responsibility and higher pay. If you do not take action to remove the DUI from your record, you might find that you lose your current job or that you are denied future employment.
DUIs on your record can also limit your educational pursuits. An institution of higher learning also might take adverse action based on a criminal record of DUI that includes denial of admission, suspension, expulsion or disqualification for certain types of financial aid.
Along with these harmful consequences, a DUI record can affect you in other ways that can be rectified by expungement of the conviction. Some people are denied loans or credit based on a DUI criminal record. People with DUI records also may be refused rental housing by landlords that conduct criminal record checks. Because background checks are becoming easier to obtain and less expensive, you never know when a criminal DUI record will come back to haunt you.
Impact of a DUI Conviction on Your Future
Although you might be aware that a DUI conviction can result in criminal penalties imposed by the court and an administrative driver’s license suspension imposed by the California Department of Motor Vehicles (DMV), the long-term consequences of a DUI conviction last much longer than these formal punishments. A DUI conviction will be part of your permanent criminal record, which can be discovered by employers, academic institutions, landlords and others, severely limiting your educational and career aspirations as well as your housing options.
A criminal record that reflects a DUI conviction can impede your ability to pursue many types of jobs and promotions. In other words, these limitations can foreclose careers in particular fields of employment or impair your ability to obtain promotions that mean more responsibility and higher pay. If you do not take action to remove the DUI from your record, you might find that you lose your current job or that you are denied future employment.
DUIs on your record can also limit your educational pursuits. An institution of higher learning also might take adverse action based on a criminal record of DUI that includes denial of admission, suspension, expulsion or disqualification for certain types of financial aid.
Along with these harmful consequences, a DUI record can affect you in other ways that can be rectified by expungement of the conviction. Some people are denied loans or credit based on a DUI criminal record. People with DUI records also may be refused rental housing by landlords that conduct criminal record checks. Because background checks are becoming easier to obtain and less expensive, you never know when a criminal DUI record will come back to haunt you.
Will an Expungement Clear My Criminal Record?
While the adverse consequences associated with a DUI conviction can be frightening, the good news is that a DUI conviction can be expunged. The conviction can be expunged provided you are placed on probation and successfully satisfy the terms and conditions of your probation under PC 1203.4. [Misdemeanors that do not result in probation or infractions also can be expunged under PC 1203.4(a)]. We often submit a petition to the court for expungement of a DUI conviction for clients who we previously represented in a DUI criminal case.
The petition seeking expungement functions the same way in a DUI case as it does in cases involving other criminal convictions. After our Inland DUI Law Firm files a petition with the court, the judge will review the petition. If the judge grants the request for DUI expungement, you will withdraw a prior plea of guilty or no contest and enter a not guilty plea. The judge will then dismiss the case.
The DUI expungement will expand your range of options in terms of employment. If you are submitting an application for employment or rental housing, you do not have to disclose the expunged DUI conviction. If you are completing such an application that asks whether you have ever been convicted of a criminal offense, you may truthfully answer “no” with regard to an expunged DUI conviction. When employers and landlords pay a service to order a background check which will include a criminal records check, the DUI conviction cannot be used by the employer for hiring, promotion or related purposes.
Limits of Expungement – No Sealing of Public Record of DUI
However, the benefit of expungement does have limits because it does not result in your criminal record being sealing with respect to your DUI conviction. Rather, your record will reflect a dismissal. The conviction remains on the public record for anyone who knows where to look (i.e., the court case file). Because your DUI conviction never really “goes away,” the best option is to retain a proven California DUI attorney to provide an aggressive defense prior to a conviction.
When you are seeking professional or occupational licensing, you also must still disclose your DUI conviction even if it has been expunged. The conviction also must be disclosed if you are applying for a job with the government or a job that requires a government issued permit, license or certificate. If the job requires a security clearance, you also will be required to disclose the conviction.
Further, the State of California and professional licensing boards can still consider your DUI conviction for licensing or disciplinary purposes. Similarly, expungement will not prevent the prosecutor from using the prior DUI conviction for purpose of increasing penalties in future DUI cases. The DUI also will remain on your record for many other non-employment related purposes, such as immigration consequences. The California and FBI criminal record for an individual granted expungement will reflect a conviction and later dismissal “per PC 1203.4.”
Timing of a DUI Expungement Application
Since expungement cannot be granted until after you have satisfied all the terms and conditions of your probation, you will need to complete your term of probation before you submit your application for expungement. Further, the statute specifically indicates that an expungement application cannot be submitted until one year has passed after the conviction. Although the term of probation in most DUI cases is 3 to 5 years, our law firm might be able to petition for early termination of probation so you can file for expungement earlier, provided you have satisfied all of the terms and conditions of your probation.
If you or a close family member is facing potential limitations at a current job or during a search for new employment, we might be able to file for early termination of your probation and expungement of your DUI conviction, so call one of our Inland Empire expungement lawyers listed here today to see how we can help.
The petition seeking expungement functions the same way in a DUI case as it does in cases involving other criminal convictions. After our Inland DUI Law Firm files a petition with the court, the judge will review the petition. If the judge grants the request for DUI expungement, you will withdraw a prior plea of guilty or no contest and enter a not guilty plea. The judge will then dismiss the case.
The DUI expungement will expand your range of options in terms of employment. If you are submitting an application for employment or rental housing, you do not have to disclose the expunged DUI conviction. If you are completing such an application that asks whether you have ever been convicted of a criminal offense, you may truthfully answer “no” with regard to an expunged DUI conviction. When employers and landlords pay a service to order a background check which will include a criminal records check, the DUI conviction cannot be used by the employer for hiring, promotion or related purposes.
Limits of Expungement – No Sealing of Public Record of DUI
However, the benefit of expungement does have limits because it does not result in your criminal record being sealing with respect to your DUI conviction. Rather, your record will reflect a dismissal. The conviction remains on the public record for anyone who knows where to look (i.e., the court case file). Because your DUI conviction never really “goes away,” the best option is to retain a proven California DUI attorney to provide an aggressive defense prior to a conviction.
When you are seeking professional or occupational licensing, you also must still disclose your DUI conviction even if it has been expunged. The conviction also must be disclosed if you are applying for a job with the government or a job that requires a government issued permit, license or certificate. If the job requires a security clearance, you also will be required to disclose the conviction.
Further, the State of California and professional licensing boards can still consider your DUI conviction for licensing or disciplinary purposes. Similarly, expungement will not prevent the prosecutor from using the prior DUI conviction for purpose of increasing penalties in future DUI cases. The DUI also will remain on your record for many other non-employment related purposes, such as immigration consequences. The California and FBI criminal record for an individual granted expungement will reflect a conviction and later dismissal “per PC 1203.4.”
Timing of a DUI Expungement Application
Since expungement cannot be granted until after you have satisfied all the terms and conditions of your probation, you will need to complete your term of probation before you submit your application for expungement. Further, the statute specifically indicates that an expungement application cannot be submitted until one year has passed after the conviction. Although the term of probation in most DUI cases is 3 to 5 years, our law firm might be able to petition for early termination of probation so you can file for expungement earlier, provided you have satisfied all of the terms and conditions of your probation.
If you or a close family member is facing potential limitations at a current job or during a search for new employment, we might be able to file for early termination of your probation and expungement of your DUI conviction, so call one of our Inland Empire expungement lawyers listed here today to see how we can help.