« San Diego DUI Record Expungement

July 23, 2009

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In this article I will explain you the details of DUI record expungement. Here I have written some benefits of DUI Expungement, its qualifications and FAQs about DUI Expungement.

DUI Expungement Qualifications.

It is needed that your DUI conviction must not have resulted in a prison sentence, although if you have incarcerated in a city or county jail or detention center then you your eligibility for expunging your case will not be disqualified.
It is required that you must not have any pending criminal charges or current court cases.
It is needed that you have successfully completed your probationary term and you have met all terms of your sentencing, you are not currently in custody, and have since been lawfully abiding.
If you have never been placed on probation for your DUI, then your offense will be eligible for expungement after one year from the date of your conviction.

DUI Expungement Benefits.

By DUI expungement you may legitimately declare no criminal record to employers, insurance companies, landlords, and other organizations
You will get the benefit of reinstatement of Eligibility for specific professional licenses and permits
Will not surface in a background check that would be performed by non-government entities and private parties.
Your eligibility or application will be qualified by government agencies, with the exception of police and concessionaire licensing boards, as though no offense was ever committed.

FAQs About California Expungement

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How long will it take to expunge my record?

It will approximately take 6 weeks to expunge your record.

If I’m arrested for another DUI after having this case expunged, will the new charge count as a first offense?

No. If in case you are arrested again within 10 years of your previous DUI arrest date, from the date of first arrest to date of second arrest, then the expunged driving under the influence case will be charged and punished as a second offense.

What happens if the court grants my Expungement?

A dismissal of your case will be issued by the court, setting aside your conviction, and a court order will be send to you to this effect. The criminal case database records will be updated and it will reflect the dismissal & expungement, or setting aside, of your DUI conviction.

What will a background check reveal about my expunged crime?

If a government agency is authorized by you to check your background, your records will show a DUI court case was once existed and then later on it was dismissed without a conviction or guilty verdict. And if background search is executed by a private sector, non-governmental entity, then the records will either yield no results on the case or show the dismissal of specific DUI charge without a conviction or guilty verdict.

When must I disclose an expunged crime?

You will be required to disclose an expunged crime when you are going to apply for public office, a contract with the California State Lottery, or for licensure by any local or state governmental agency.

I didn’t receive a DUI, but the cop busted me for possession of marijuana. Can I have it expunged?

If the marijuana was your only offense that has been recorded then after two years the possession charge will be automatically erased from your criminal record. After January 1, 1976,California Health and Safety Code Sections 11361.5 and 11361.7 apply to all possession of marijuana for personal use convictions, and it will be dismissed automatically after 24 months.

The thing that you should note here is that California’s two-year dismissal policy applies only to simple possession, not to marijuana cultivation, sales, or transportation violations.

Why isn’t expungement included in California’s Penal Code?

In Calfornia’s Penal CodesThe term “expungement” does not appear , but is reference by Section 1203.4 and 1203.4a in which an authorization is granted to the court to repeal a guilty verdict and grant a dismissal when certain terms have been met.

Will I need to appear in court or attend an expungement hearing?

No, all matters will be handled by your law office on your behalf.

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