Expungement or Sealing Your Record

After being arrested for DUI, people will often want to seal their record. The truth is that a complete sealing of the record is not always possible. Each case is unique and in only very limited cases will a person have a chance of being found factually innocent by the court and have their record completely sealed. That being said, however, there are tools available to help clean up the record of a person who has been arrested for DUI, even if they plead guilty.

One tool we utilize is the Expungement. Under California Penal Code 1203.4, if a person has fulfilled all of the conditions of probation (he or she did what they were supposed to and the probation period is over), they should be able to have their conviction withdrawn, the case dismissed and the matter expunged or, in other words, removed from their record.

PC 1203.4 states in part: “In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of 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 accusations or information against the defendant….”

Thus, even if convicted by a jury, the conviction can be removed from a person’s record…for most purposes. An expungement is a very powerful tool to help clean a person’s record. After an expungement a person, in most situations, can legally say that they were never convicted of a crime or DUI. As with all things legal, there are a few exceptions. The cops and courts will always know and for some jobs (i.e. government) you would still have to disclose the incident.

Even with its limitations an expungement is a great tool to help clean your record.

End Probation Early:

Under state law the minimum probation period for a DUI is three years. However, just because probation is ordered for three years does not mean that it can’t be ended early. For DUIs and other crimes, probation periods can be terminated or ended early. Ending probation early has many great advantages to the individual convicted.

If someone is on DUI probation, it may stop them from advancing in their job or even getting a job. DUI probation conditions also prohibit someone from driving with any alcohol in their system at all, so cold medicine could cause a potential violation of probation and result in jail time. Also, small mistakes (such as driving on an expired license or failing to show up for a traffic ticket) can turn into big problems if you are on probation. One of the best benefits of terminating probation early is that it allows for a DUI case to be expunged. This expungement goes a long way to help clean a person’s record.

In appropriate cases, judges can end the probation period early. This termination of probation is a wonderful tool to get someone out from under the court’s supervision and another step closer to a normal life.