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Is there more to just filing out packet 1203.4 for a misdemeanor dismissal (DUI)?
Anonymous4 views4 answers
I was convicted of a DUI three years ago. All fines and fees have been paid off. Alcohol abuse program has been completed and paid as well. I Have not been in trouble since and most importantly have not violated my probation. Which is now over.
I am trying to get into medical school and to get started I have to dismiss my misdemeanor off my record first.
Is there more steps into the dismissal other than filing out packet 1203.4? Will I have to serve the prosecution as well? I just wanna make sure I know all steps just in case I try to do this by myself.
Thanks in advance for everybody helping out.
David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
Each court may operate differently, but up here in Marin, you simply bring the petition for dismissal http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf and the order for dismissal http://www.courtinfo.ca.gov/forms/fillable/cr181.pdf to the criminal clerk's desk and pay a $120 filing fee. The clerk then sends a copy to the DA who then has 30 days to oppose the petition. If there is no opposition, the judge will sign the order. If there is opposition, they notify you of a court date. In your case, it does not sound like there would be any opposition.
First of all, good luck with your applications.
1) yes, you have to serve the prosecution
2) yes, there is more that needs to be in the package, form cr181 so the judge can grant or deny on that.
3) you can serve by mail.
Elliot R. Zarabi, Esq.
(818) 478-9895
Keep in mind that even if you get the DUI "off your record," it will still be there if you get a second DUI within 10 years of that first DUI. This means that a second DUI in 10 years will cause you to be exposed to greater fines and fees, a longer license suspension, and greater jail time.
In San Diego you need to download the packet from the San Diego court website. It has all the paperwork you will need. FIll it all out and make a copy to keep for your records. Take it to the business office in the courthouse where you were convicted. You will file it with a clerk there and have to pay $60. It will take about 1-5 months for it to be reviewed and decided. I would include a letter stating how this expungement will help with your future. (ie medical school)
