DUI expungement with probation violation
Question: Is a DUI expungement with probation violation still possible? I got a dui back in June of 2010. On my last day of my DUI classes my counselor told me you don’t need to come back because they will send everything to the Court for me. I believed them, but apparently I should not have. The school did not forward the documents to the court and the court issued a warrant for my arrest for failing to complete my classes. I had no idea that this happened, and later I was arrested.
When I went before the judge, he let me complete everything else that I didn’t do at that point. I then did everything I was supposed to do including completing my DUI classes and paid all fines.
My drivers license got suspended because of my DUI. While it was suspended I was caught driving without a license and I got a ticket for that as well to go to a different court.
I ended up getting convicted of a misdemeanor for driving on a suspended license on that case and got another 3 years probation for that ticket. The DA in that case told me if the court my DUI conviction was in found out about the new conviction I would go to jail for a probation violation. Luckily that didn’t happen and as of now I am not on probation at all.
I want to enroll in school but when they run my background my criminal part comes out bad “10 yrs los angeles county. Can I expunge the DUI from my record so I can clear it?
Answer: First, I am a bit confused if you actually finished the alcohol classes initially, or if you never finished the last class. To answer your question though, if you are off probation and have no other criminal matters pending, then you are eligible to get the conviction dismissed pursuant to PC 1203. 4, often referred to as an expungement. Note that it is discretionary whether or not it is granted.
The fact that you had probation violation(s) will complicate matters a bit and make it more of an uphill to get granted, but it is certainly possible. I would recommend consulting with a DUI attorney to discuss your situation in more detail. Chances of getting it granted increase with an experienced attorney handling the matter for you and with you.
I have been successful in getting DUI’s and other convictions dismissed even when there are probation violation matters involved. In my experience, it takes some work to get done as you have a less than compassionate Judge at times when they see the probation violations. But there are ways to convince them otherwise.
Note that if the dismissal is granted it has it’s benefits, but it does not remove it permanently from your record for all purposes. For example, if you get another DUI within the statutory period, the conviction that was dismissed pursuant to PC 1203.4 would still be priorable for sentencing purposes on the new DUI (ie. making it a 2nd DUI).
Contact me to discuss further. I would be happy to help you. Getting the conviction dismissed can have immediate benefits as well as benefits for a long time to come. In the meantime, check out the following link for more information on getting your conviction dismissed: DUI Expungements