A DUI in California will automatically drop from your DMV record after 10 years, but not your Misdemeanor DUI record. It remains permanently until it is expunged – dismissed from the Court. This misdemeanor conviction will show up on all normal and ‘live-scan’ originated Department of Justice background checks.
DUI law in California is very complex and can be confusing. The most common DUI charges are for violations of Vehicle Code 23151(a), driving under the influence of alcohol and/or drugs, and vehicle code 23152(b), driving with a a blood alcohol content of 0.08% or greater.
Typically, the first, second and third convictions are considered misdemeanors. After that are usually considered felonies.
Expungements are normally GRANTED (dismissed) after the case has been reopened through a formal legal process called Petition to Expunge. This expungement is granted ONLY if all fines are paid, all terms of probation have been fulfilled, including classes, programs, community service if any and any other requirement of probation has been fulfilled. You must also NOT be currently charged with another criminal offense or serving a sentence for any criminal wrong-doing.
The process begins with a free telephone interview. If you are not qualified based on your information provided, you will be told so at that time. If you are qualified, and wish to proceed, a Services Agreement will be prepared that will include a series of questions, including CASE NUMBER that needs to be provided. This Services Agreement carefully details all the services we provide. Payment in full is required in advance. There are no payment plans provided and any filing fees, estimated at less than $ 100.00 to the Court will need to be paid in advance before your case is filed in that Court. An ‘ORDER to the COURT’ for this expungement is included. All Expungements are ‘hand filed in San Diego and the client is given a receipt for any filing fee paid. There are no other costs to this service.
Most expungements take about 2-3 months. After this is granted, the Certified Copy provided by the Court will be sent to the Department of Justice for record correction. After that, your case will be considered dismissed and you can honestly state ‘no convictions’, if asked. Government jobs excepted or any questionnaire that inquires about expunged convictions.
You are encouraged to call around and seek additional quotes and information. The internet is also a great source of information. Most Attorneys charge double or triple for this same service and if you’re more comfortable with that approach, you should chose that option.
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Gary Whitehead and Associates, Inc Since 2001
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Gary Whitehead & Associates in not a licensed Attorney Service. Gary Whitehead is not an Attorney, rather a Certified and licensed Legal Document Assistant, licensed and bonded in San Diego and Riverside County. Current license expires September 2018. See Business and Professional Code Sections 6400-6415 for further disclosures.