Clear Your DUI Record with a Los Angeles Criminal Attorney
Expunging a DUI conviction in California can provide a fresh start, helping to remove barriers to employment, housing, and other opportunities. Under California Penal Code § 1203.4, individuals with certain DUI convictions may petition the court to have their conviction dismissed. This process involves working with a Los Angeles DUI expungement attorney to withdraw a guilty or no contest plea, enter a not guilty plea, and have the court set aside the conviction.
Eligibility for DUI expungement includes:
- Successful completion of probation or early termination of probation.
- No current criminal charges.
- No time served in state prison (with some exceptions).
At The Law Offices of Arash Hashemi, we focus on guiding clients through the DUI expungement process. Since 2003, Attorney Arash Hashemi has provided expert legal counsel, thoroughly evaluating each client’s eligibility, preparing necessary documentation, and advocating for their rights in court. Our firm is dedicated to helping you clear your DUI record and move forward with confidence.
If you’re ready to expunge your DUI record and take the next step toward a fresh start, let us handle the details so you can focus on your future. To speak with Attorney Arash Hashemi and our legal team today, contact our office at (310) 448-1529. You can also schedule a 15-minute consultation with our DUI expungement attorney by using our secure online scheduling system. We will guide you through the process from start to finish, ensuring a smooth and successful expungement.
Who Is Eligible to Expunge a California DUI Conviction?
In California, a wide range of DUI convictions can be expunged under certain conditions. To be eligible for expungement, you must meet the following criteria:
- Completion of Probation: You must have successfully completed your probation period.
- Fulfillment of All Requirements: You must have paid all fines, fees, and restitution, completed any required counseling or educational programs, and finished any court-ordered community service or drug testing regimens.
- DUI Sentence: Your DUI sentence must not have included time in state prison. Alternatively, if your offense occurred after Proposition 47 became law, you should have been eligible to serve your sentence in county jail instead of state prison.
- No Pending Charges: You must not have any pending criminal charges.
- No Current Sentences: You must not be serving a sentence or probation for another offense.
Both misdemeanor and felony DUIs can be eligible for expungement in California, provided these conditions are met. However, DUI convictions involving a sex offense with a child are not eligible for expungement. If you are uncertain about your eligibility for DUI expungement, speak to our attorney. We can help assess your case and guide you through the expungement process.
How Do I Get a DUI Expunged?
To get a DUI expunged in California, you must follow several steps. First, ensure you have successfully completed your probation period without any violations. Next, fulfill all court-ordered requirements, including paying fines, attending alcohol education programs, and performing community service. Once these conditions are met, your attorney will submit a petition for expungement to the court where you were convicted. This petition requests the court to withdraw your guilty or no contest plea and dismiss the case. A court hearing may be necessary, during which your attorney will represent you as the judge reviews your petition and any objections from the prosecutor. The judge will evaluate your compliance with probation terms and other factors before deciding whether to grant the expungement. Successfully completing these steps, with your attorney’s assistance, can lead to the expungement of your DUI conviction, allowing you to move forward with a clean record.
The Benefits of Getting a DUI Expunged
Expunging a DUI conviction can significantly improve various aspects of your life, lifting the burden of a criminal record and restoring your good name. Here are some of the key benefits:
- Answering “No” to Criminal Conviction Questions: You can legally state that you have not been convicted of a crime when applying for most jobs.
- Clean Background Checks: Your expunged DUI will not appear on most background checks, making it easier to pass screenings for employment, housing, and other opportunities.
- Employment Benefits: With a clean record, you have an increased chance of getting hired, winning promotions, and being eligible for jobs that involve schools, children, medical facilities, or driving.
- Improved Business Reputation: An expunged record can enhance your professional reputation, making it easier to build trust with clients and business partners.
- Better Financial Opportunities: Banks and other lenders are more likely to approve loan applications when you have a clean record.
- Enhanced Personal Relationships: Neighbors and social acquaintances may hold a higher opinion of you without the stigma of a DUI conviction.
- Housing Opportunities: Expunging your DUI can make it easier to lease an apartment.
- Immigration Benefits: Your immigration visas are less likely to be jeopardized with a clean record.
How Long Does a DUI Expungement Take?
The time it takes to expunge a DUI conviction in California typically ranges from a few weeks to several months. After preparing and filing the necessary petition with the court, a hearing date is scheduled. The court’s timeline for processing the petition and setting a hearing date can vary. Once the hearing takes place, the judge will review the petition, and if granted, the expungement will be finalized within a few days to a few weeks. Overall, the entire process can take approximately two to six months, depending on the specific circumstances of your case and the court’s schedule.
What DUI Charges Cannot Be Expunged?
Certain DUI charges in California are not eligible for expungement. It’s important to review the specifics of your case with a Los Angeles expungement attorney to determine your eligibility and explore your legal options. These include:
- Felony DUI with Serious Bodily Injury: Convictions involving serious bodily injury to another person.
- DUI Involving a Child: DUI convictions involving a sex offense with a child.
- DUI with State Prison Sentence: If your DUI conviction resulted in a state prison sentence, it is not eligible for expungement under California Penal Code § 1203.4.
Why Choose The Law Offices of Arash Hashemi for Your DUI Expungement?
Choosing the right attorney for your DUI expungement is essential. We have extensive experience and a proven track record in handling DUI cases and expungements. California law has many exceptions and special circumstances that need to be carefully considered before filing an expungement petition. If your attempt to get a conviction expunged fails, the court is unlikely to look favorably on repeated attempts, making it crucial to get it right the first time. Once a judge denies an expungement motion, the chances of future motions being denied increase significantly.
In California, individuals convicted of driving under the influence (DUI) can petition to have their conviction expunged after completing probation. However, the petition must be correctly prepared and filed. This process can be complex for those unfamiliar with it. Many individuals attempt to file for expungement on their own and make errors that lead to a denial. As a result, they often need legal counsel to file a motion for reconsideration and submit a new, corrected application for expungement. Attorney Arash Hashemi can clarify California’s complex expungement laws to determine your eligibility, collect required documentation related to your DUI conviction, and present a strong case for expungement, demonstrating that it aligns with public welfare and justice interests. We are committed to guiding you through the DUI expungement process and achieving the best possible outcome for your case.
Contact a Los Angeles DUI Expungement Attorney Today
Don’t let a past mistake limit your future opportunities. If you’re ready to clear your criminal record and move forward with your life, we’re here to help. With decades of experience in criminal defense and expungement cases, our legal team provides personalized strategies tailored to your specific situation. We’ll guide you through the entire expungement process, from evaluating your eligibility to representing you in court, ensuring you get the best possible outcome and a fresh start.
Schedule a Consultation:
Phone: (310) 448-1529
Email: Contact@hashemilaw.com
Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
Our office is conveniently located in the Westside Towers in Los Angeles, within minutes of Santa Monica, Beverly Hills, Westwood, and steps away from the Expo/Bundy Station. We offer flexible hours and weekend appointments, and we can visit you in jail to discuss your case. Contact us today to begin the process of clearing your DUI record and moving forward with confidence.
