Napa DUI Expungement
Fortunately for both individuals convicted of driving under the influence (DUI) and those convicted of certain other crimes, expungement relief is available. An expungement is a legal process that sometimes can “clear” one's criminal record. When properly done, an expungement can remove a number of hurdles that have an impact on your life, including the ability to work at certain places and in certain professions.
At the Napa criminal defense law firm, we have years of experience defending individuals who are charged with a wide range of crimes. We have the legal skills you need to help get your past criminal history expunged or sealed. The process begins with filings in the court where the conviction took place. Most misdemeanor and minor felony convictions may be expunged. However, the type of relief does vary from one case to the next and is dependent upon the types of charges and the penalties imposed. Serious felonies require a different means of setting aside the conviction and it should be noted that not all criminal convictions can be expunged.
Expungement of a DUI under California Penal Code 1203.4
California's Penal Code 1203.4 allows for the expungement of misdemeanor DUI convictions. In part it states:
“[The DUI offender shall]…be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided…”
What this all means is that under 1203.4, convicted misdemeanor DUI offenders who have been granted probation may be allowed to “expunge” their convictions. Relief may be applied for if the DUI offender has fulfilled all of the conditions of his or her probation or has been discharged before the termination of probation. Also, relief may be applicable if the court at its own discretion determines that the DUI offender should be granted this type of relief.
How Long Before I can get my Conviction Expunged?
For most misdemeanors, expungements take anywhere from two to six weeks from the date the application is filed with the court where the conviction took place. For felony conviction expungements, you can expect it to take anywhere from four to six weeks from the date the application is filed with the court.
Do I need a Napa Criminal Defense Attorney?
The legal process for expunging criminal records is sometimes filled with various obstacles and can be a bit complex. It is always a good idea to have a Napa criminal defense attorney who is experienced in handling such matters handle everything for you. As experienced Napa criminal defense attorneys, we can provide you with the guidance and legal skills you need to help get your eligible convictions expunged. We offer online Napa case reviews. Contact us today and start living a criminal record-free life!