How long until a DUI can be expunged
Question: How long until a DUI can be expunged? I was convicted of a DUI in San Fernando two years ago. The court said that I had to do a lot of things for the penalty which I did. I am now hoping to get the dui conviction expunged from my record because I am applying for a new job soon and know that it would be better for me to take care of this now.
How long until I can expunge a DUI in San Fernando Court?
Answer: Was this a first offense DUI that you were convicted of? If so you were assumingly placed on 3 year probation. For purposes of this post, I will assume that you were placed on 3 year probation. In order for you to be eligible to get the conviction dismissed pursuant to PC 1203.4 (ie. expungement) you can not be on probation or have any pending criminal charges.
One option is to wait until probation is terminated naturally (ie. the 3 years passes) and petition the court at that time (assuming you have no other pending cases). In the alternative, you can file for early termination of probation, and if granted, file for 1203.4 dismissal. Basically, you can not get the plea withdrawn and dismissed while you are on probation, but it is possible to end the probation early.
Call me to discuss further. I have been successful in getting probation terminated early and 1203.4 dismissals granted.
Law Offices of Phil Hache