Are you having trouble getting a job or advancing in your career because you have a past DUI conviction? The experienced Orange County DUI expungement attorneys at Wallin & Klarich may be able to help you. We may be able to have your conviction expunged. Most people are unaware that many crimes for which they were not sent to prison may be expunged if certain conditions have been met. This includes DUI expungement.
If successful, DUI expungement of your record means you can legally and honestly report to a prospective future employer that you were not convicted of the crime. Expungement can also help you advance in your current position.
Here’s how it works…
New California Law Regarding Disclosure of a Dismissed Criminal Conviction
Effective Jan. 1, 2014, a new California law prohibits employers from asking job applicants to disclose a criminal conviction that has been expunged under California expungement laws (amended Labor Code Section 432.7).
This new law also prohibits an employer from using a dismissed conviction (such as a DUI expungment) against you if discovered in a background check. Today, virtually every employer does a criminal background check before hiring a job applicant.
Nowadays, it is common for background checks to be done when considering a current employee for a promotion. Under the new law, an expunged conviction should be reported as “dismissed.” Therefore, it cannot be considered for background check purposes.
The law not only applies to new applicants, but also to persons already employed and seeking a promotion or facing termination because of a discovered (but dismissed) conviction. Thus, successfully receiving a DUI expungement not only helps you get a job, it can be very valuable in helping you to keep your job and when you are being considered for advancement in your current position.
A Dismissed DUI Conviction Will Not Affect Your Driving Record or Privileges
Unfortunately, successfully expunging a prior DUI conviction doesn’t affect any action taken against you by the California DMV. Expunging your record will not:
- Reinstate a suspended or revoked driver’s license;
- Remove “Negligent Operator” points from your record; or
- Remove the conviction from the DMV database.
Any “points” on your record as a result of a DUI conviction will remain for 10 years from the violation date (the date you were arrested). A DUI conviction is a two-point violation, which means if you get another DUI, two more points will be added to your driving record. Four or more points in a 12-month period means your license can and probably will be suspended for six months, in addition to and beyond any other suspension already in effect.
Accumulating DMV points will likely cause your car insurance company to raise your premium, or cancel your insurance altogether.
What are California’s Expungement Laws?
Penal Code Sections 1203.4, 1203.4a and 1203.41 provide that once an individual’s criminal record is expunged, the person is released from “all penalties and disabilities” arising out of the conviction.
Penal Code Section 1203.4 permits convictions for DUI to be dismissed or “set aside” upon successful completion of a period of probation. Successful completion of a period of probation means:
- Making full payment of all fines and restitution;
- Attending all court ordered counseling or educational programs (such as DUI school);
- Fulfilling all community service requirements;
- Attending all required court appearances; and
- Not violating any of the terms of your probation;
Penal Code Section 1203.4a applies if you have been sentenced to serve jail time for certain misdemeanors without being granted probation. You must wait one year after pronouncement of judgment before you may petition for expungement.
Effective Jan. 1, 2014, Penal Code Section 1203.41 applies to eligible felony convictions resulting in a jail sentence. You must wait one to two years following completion of your sentence before you may petition for expungement.
You are not eligible for DUI expungement, or any other conviction expungement if current criminal charges are pending against you or you are serving a sentence or probation for any other crime. If you have a DUI conviction successfully expunged, you must still disclose the conviction when applying for public office or for licensure with a state or local agency.
Call the Orange County DUI Expungement Attorneys at Wallin & Klarich
If a prior DUI conviction is causing you problems with your employer, solutions are available. Wallin & Klarich can help you clean up your record and protect your employment by filing a petition for dismissal pursuant to California’s expungement laws.
Our attorneys at Wallin & Klarich have over 30 years of experience successfully petitioning the courts for judicial relief on behalf of our clients affected by a criminal conviction. Hiring an attorney from Wallin & Klarich is a worthwhile investment for your career and your financial future, which will help you overcome the challenges associated with a criminal record.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our DUI defense attorneys at Wallin & Klarich are available 24 hours a day, 7 days a week to provide you with the very best legal representation. We will do everything we can to help you get the relief you deserve.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.