Hi! My DUI three year probation ended and I am filing form 180 "Petition for Dismissal" to get it expunged. I have 3 questions:
- On section 1 of the form, what should I enter for the "section" in the sentence "the defendant was convicted of a violation of section ? of the VC23152B code.
- Do I need to fill any other form (such as 181)
- If I am granted expungement, what positive benefits will come out of it?
DUI / DWI Attorney
Q1-You need to enter the code section to which you entered the plea. If it was VC23152(B) then you are correct.
Q2-The Order (181) would also likely be required.
Q3-It allows you to answer truthfully on certain employment applications that you no longer have the conviction. It's also a good way to simply distance yourself from the bad memory. In my own case, it allowed me to be a field trip driver.
Check with the clerk of the court where you will be filing the motion to make sure you have enough copies for them. Sacramento requires an original plus five copies and a self-addressed stamped envelope.
DUI / DWI Attorney
First getting a DUI expunged in California is not automatic and I would recommend hiring an attorney. If this is granted it will not change the DMV records. It will show a dismissal in your criminal record. Fill out the form as best you can, but I would hire an attorney.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
1. Enter the code section that you were convicted of. Sounds like it was VC 23152(b).
2. The Order (for the judge to sign) would also likely be required.
3. CA expungement allows you to say on most employment applications that you have not been convicted.
Check with the clerk of the court for any requirement. Each court is a little bit different. Hiring an attorney will expedite the process and shouldn't cost you too much. Good luck.