Can a first DUI expunged while a 2nd DUI is pending
Question: I had a DUI in Torrance 5 years ago. I did everything I was supposed to do on time and was thinking about getting the DUI expunged but never got around to it. Move forward five years, and I now have a 2nd DUI in Glendale, CA that I was arrested on a few nights ago and have a hearing coming up in a few weeks.
Can I get my first DUI in Torrance expunged? Does it matter that I have a new DUI that is in court now? If I am able to get it expunged prior to the first court date will that make my new DUI just a first DUI as opposed to a second DUI? I know the penalties for a 2nd DUI increase a lot as compared to a 1st DUI.
Also, how long does it take to get the expungement finalized so the conviction is off of my record?
Answer: Unfortunately, no, you can not get a dismissal/expungment for an old conviction when you have a current pending criminal charge. Not to frustrate you with this response, but had you gotten the 1st DUI Dismissed (often referred to as an expungement) prior to getting arrested for the 2nd DUI, you would have been in better shape getting it potentially granted.
Keep in mind that even if the 1st DUI was successfully dimissed pursuant to PC 1203.4 (again, what many people refer to as an expungement in California), the 1st DUI would still have been priorable and your current DUI would still have been charged as a 2nd DUI offense. There are benefits to getting the DUI conviction dismissed pursuant to PC 1203.4, but even when it is successful, the dismissed DUI still remains priorable for the statutory time frame which is currently 10 years from the date of arrest (at the time of this writing).
Call me to discuss further so I can answer any questions you have about the benefits and particulars with expungements in California. You can also check out the following link for more information: Expungements.
DUI & Criminal Defense Lawyer