3/28/2014: MARIN COUNTY (SAN RAFAEL) DUI EXPUNGEMENT PETITION
Outcome: PETITION GRANTED & DUI CONVICTION DISMISSED
Description: Everyone in California who has suffered a misdemeanor conviction of any kind, including DUI, should be eligible to have the conviction "expunged" from their criminal record.
California Penal Code Section 1203.4 provides that an expungement petition should be granted as long as the Petitioner has met the following conditions: 1) they have successfully completed probation; 2) they are currently not serving probation on another case; 3) the term of probation has terminated.
Most of my clients successfully complete their DUI probation, but few jump on the opportunity to clear up their record as soon as they become eligible. This is a bad mistake! While DUI expungement petitions are almost always eventually granted, the process can take several months to complete and is often not finished in time for the questionnaire or application that the client would like best to not admit. Case in point, this client was convicted of a DUI in Marin County in 2008 and finished DUI probation successfully in 2011. Thinking nothing of it, she neglected the process until she really needed the DUI conviction off her record for a job application. Although I was able to file the expungement petition in time, it was a close call that didn't need to be.
If you've been convicted of any misdemeanor offense in California, you really should have it expunged as soon as you become eligible as you never know when a DUI can come back to haunt you. Although the expungement process varies from county to county and can be unnecessarily burdensome, the reward of a clean record is one you'll have for a lifetime. Don't let a DUI conviction hold you back and definitely call a trained DUI lawyer like myself who can help you with this important work as expeditiously as possible.