I have 2 Dui in my record, for the last one I have a years left of probation
The second one I was found guilty on trial
Could it be possible to sponge the dui's from record ?
Btw that's the only 2 times I have been in trouble with the law
First of all, California does not have a true expungement process (a complete erasure of the record), but does have a process pursuant to PC 1203.4 where you can have the case reopened, you withdraw your previous plea and the court dismisses the case. However, to be eligible you have to have completed your probation. You can however, in appropriate circumstances also bring a motion to terminate probation early to be heard immediately before the 1203.4 motion. I have been successful in getting courts to do that with DUIs. However, any dismissal under 1203.4 will not eliminate the fact that those 2 DUIs will still be considered prior DUIs if you were to be charged with another DUI in the future. The dimissal though does allow you to tell potential employers that you do not have any convictions. For certain government jobs or licensing purposes you may still have to disclose the prior conviction or arrest.
YES. When all your fines are paid, all restitution if any is paid, probation period has expired than you can expunge (dismiss) these cases pursuant to Penal Code 1203.4. When the time comes schedule a couple of free consultations and pick the attorney you like, trust and can afford. I do many of these and I wish you success getting it done. I hope this helps you?
Jennifer J WirschingFederal Crime LawyerGlendale, CA ·
There really isn't "expungement" in CA, as in "these convictions are erased off your record." However, you can file for dismissal pursuant to 1203.4. This allows you to tell most (there are exceptions) potential employers that you do not have convictions.
Michael Jon FremontDUI / DWI AttorneySan Diego, CA ·
Yes, it is possible to have the Dui's dismissed. BUT, you will have opt make a motion to terminate probation early then dismissed. You will need a good reason. You should also know that your driving record will not be cleared of the DUI's and they are still priorable should you be arrested for a third. Hire an attorney to help you.