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Expunging DUIs

Getting your DUI conviction dismissed is a huge step in repairing a major mistake and the attorneys of Takakjian & Sitkoff, LLP may be able to help. You drank too much, or took drugs, and want to get the DUI off your record. Getting an Expungement will clear your criminal record.

If you have been found guilty of Driving under the Influence in California, there’s good news and bad news. The good news is that you can get your criminal record expunged, but the bad news is the Department of Motor Vehicles does not have an expungement procedure. The DUI remains on your Driver’s record for 10 years, and is cleared, provided your record remains clear.

You ought to understand California’s Expungement law before trying to have your DUI sentence expunged. The law won’t make the conviction vanish from the record, but it seals the record so most prospective employers will not be able to see it. If you apply for a governmental license, the State will be able to see your record, so it would be prudent to mention that you were convicted, but had it expunged.

In order to receive an Expungement, you must show that you have successfully completed your probation and paid all fines or restitution. You must not have any pending charges on your record. Furthermore, the law imposes a higher burden of proof for a DUI expungement: the petitioner must show that expungement is ‘in the interests of justice”. That means the Superior Court judge has more discretion in rejecting or approving your application.

Given the higher burden of proof facing a DUI petitioner, there are a few guidelines that will make the process easier. The first is to organize all the paperwork from your DUI petition. You will be filling out numerous forms, and they need your case number and all relevant facts. If you were put on probation, get a copy of the certificate of completion.

Do not do anything to jeopardize the expungement: you will be ineligible if you are facing pending charges of any kind at the time of your hearing. Since this expungement could make a difference in your employment or housing, you should get a lawyer, rather than going to an online expungement center. There are many centers that promise low fees with fast results: don’t fall for the hype. You want a lawyer who can give your case his or her complete attention.

You should not attempt to represent yourself, put your case in the hands of the legal professionals of Takakjian & Sitkoff, LLP who have a record of success. Contact us today for a free consultation.