Can I get a DUI expunged if on probation still?

Can I get a DUI expunged if on probation still?

Question:  Can I get a DUI expunged if on probation still?  I have a DUI in San Fernando Court from about 2 years ago that I am on probation for.  I just finished college and want to start looking for a job.  I read that it can be helpful to have your DUI expunged when looking for a job so I don’t have to report it.  Is that true, and if so, can I get my DUI expunged immediately?  If I can get it removed from my record, how long does that take to happen?  Should I hold off on applying to jobs until it is taken care of?  Or is the process long so I should just proceed with applying for jobs now?

Answer:  You have a lot of questions about the process which is understandable.  It would probably be easier to answer your questions by phone as I will have some follow up questions for you, but in the meantime I will answer some of your inquiries.  First, you need to have successfully completed probation to have a DUI or any other conviction dismissed pursuant to PC 1203.4 (often referred to as getting a conviction expunged). It is a possibility that the Court would grant early termination of probation, and this is something we can discuss further.  One important thing to note when trying to get probation terminated early is that you must have complied with all the other terms of probation generally speaking.  For example, paid all fines due, finished the alcohol program the court ordered you to do as part of your sentencing, etc.

Once probation is terminated, it is possible to petition the court to get the conviction dismissed (ie. expunged).  With DUI convictions, the judge has discretion on whether or not to grant the dismissal, but I have been extremely successful in getting dismissals granted for clients with DUI convictions on their record. I practice in southern California (Los Angeles, Ventura, San Bernardino…), and have been successful down here in getting early release.  Depending on the court, the process length can vary.  Since you would have to do a termination of probation motion first, you should expect that it would take a couple months, so the sooner  you get going on it, the better if it is something you want to take care of as soon as possible.

Call me to discuss your situation further.  I have been successful at getting probation terminated early as well as getting convictions dismissed.  I can then give you more information about the benefits of getting a conviction dismissed pursuant to 1203.4, as well as it’s limitations.  In the meantime, check out this link:  Expungements
DUI & Criminal Defense Attorney
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