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2 DUI misdemeanor (no accident/injury) 7 years apart. Is it worth it to try for expungements once my probation is complete?

Sacramento, CA |

Could both convictions be expunged, or will the Judge not even look at the expungements due to it being 2 convictions for the same crime? No other criminal record, just those 2 stupid mistakes. I've completed all classes, paid all fines, I am behaving and will continue to behave perfectly.

Attorney Answers 4

Posted

Is it worth it, well, here is the thing, an expungement doesn't clear your record or seal it, but it does set aside and dismiss your conviction. What this might do is open a few more doors for you in terms of employment.

If you have any questions, feel free to contact my office.

Elliot Zarabi
818-478-9895
www.zarabilaw.com

Legal disclaimer: This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.

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Posted

I always encourage clients to file petitions for expungement after they are done with probation. What's the worst that could happen? The judge says no and you are out a small filing fee. As the lawyer stated correctly above, it doesn't remove it from your record completely, however it will show the guilty plea or conviction changed to not guilty and that it was dismissed pursuant to PC 1203.4. If an employer doesn't know what they are looking at, it could be beneficial to you that it shows it was dismissed. You also can legally say that you have no misdemeanor convictions if granted on applications for the most part. There are a few exceptions, such as if you are applying for a professional license in CA, among others.

Best of luck

www.sandiegocriminaldefensefirm.com

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Posted

As the other attorneys have stated an expungement will never hurt you. In fact it has many potential benefits down the road as Mr. Hicks has pointed out. The main thing for you to do is avoid getting another DUI in the future.
Robert Driessen

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Posted

It is a good idea to seek an expungement as soon as you are allowed to do so, for the reasons outlined above by my colleagues.

I responded just to make sure that you realize that even after an expungement, both the DMV and the courts will continue to use all prior DUI convictions within a 10-year period against you if you get another one.

A third DU within 10 years brings with it a painfully dramatic escalation in punishment, so I hope that you will successfully continue your recent efforts to behave perfectly. Good luck.

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