5/7/2014: SAN FRANCISCO COUNTY DUI EXPUNGEMENT PETITION
Outcome: PETITION GRANTED & DUI CONVICTION DISMISSED
Description: Expungements of DUI convictions should be easy. Each county in the Bay Area has different procedures and hurdles for the successful DUI probationer, but no county makes it as difficult as San Francisco. Case in point. I represented Client for his second DUI case and successful obtained an early termination of probation and expungement of that conviction out of Alameda County. One would think that expunging the much older first offense DUI from San Francisco would be just a matter of loose ends....
Today, the court first advised me that the hearing was now at 10:30 a.m. and not 1:30 p.m. as was indicated on the court notice. As a result, Client wouldn't be able to make it to San Francisco in time to testify, BUT, that was OK because we were advised that the District Attorney wasn't objecting to the petition.
Of course, once the case was called, the DA sang a different tune and objected to the petition based on the fact that the Petitioner wasn't present to testify beyond his declaration and the obvious fact that a judge had already terminated his probation from his second case and expunged the conviction. After some creative maneuvering (that should have been completely unnecessary), I got the court to recognize the Alameda County ruling and GRANT THE PETITION over the DA's objection. Whew....All that just to end up where we should have been all along.
It’s very difficult and time consuming to get a DUI expungement petition filed, heard and granted in San Francisco. Yet, most DUI offenders have only one conviction of any kind on their criminal record. Since it can take several months to complete a DUI expungement petition in San Francisco, anyone with a criminal conviction of any kind,
who is eligible, i.e. 1) have successfully completed probation; 2) have no outstanding probation requirements; and 3) are not presently on probation for another offence, should contact a skilled attorney to help them get the criminal conviction dismissed from their record.