Found an issue on this page? Let us know and we will look into it as soon as possible.
I would like to know in San Diego, CA if it is possible to get two DUI expunged and an early release of probation.
Anonymous3 views6 answers
I recieved the first DUI in 2008 and the second in 2009. Once all fees have been paid is it possible to petition the court to have these offenses expunged off my record. I have not had any contact with San Diego PD and have not been driving for the past couple of years. I would like to get these off my record because it is difficult for me to find employment in my field as an IT tech with them on my record when a background check is done.
You would need to file a motion and ask the court to terminate your probation in the interest of justice. Then file a 1203.4 request for a dismissal. This is something a lawyer can do for you.
The previous answer is accurate and a good answer to your question but I want to point out that the 1203.4 dismissal procedure is not a complete whitewash of your record (nothing is!) . The convictions will still always appear on your driving record as DUI convictions.
As indicated by others you will need to first have your probation terminated early by the judge as probation on DUI's in San Diego County is typically 5 years. Note: Though it is unlikely given the age of the case, because you violated probation on your first DUI by committing a 2nd one, expungement may not be as automatic as it would otherwise be if you just had the 2008 offense. Nonetheless if you have stayed out of trouble since, a good attorney should be able to get your probation terminated early on both cases and thereafter have both cases expunged.
Yes, as others have indicated, you can file a motion to terminate probation early and then file an expungement petition if your motion to terminate probation early is granted. Some courts will allow you to file both the early termination of probation motion and the expungement petition at the same time which can quicken the process as the expungement would be granted at the same hearing as the early termination of probation (if the early termination motion is granted).
David M. Boertje, Esq.
(619) 229-1870
www.boertjelaw.com
You have answers from four good California lawyers. I write to remind you that even if you succeed another DUI will count as a third. There is criminal record and there is driving record; they are different. You will want to have a lawyer help you to have the best chance of that success. It is not automatic.
David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
1203.4 relief for DUIs is discretionary once off probation. It is definitely possible and you increase your chances by hiring a quality locally experienced criminal defense attorney.
