Judge said would expunge dui once enrolled in nursing school. much health & $ probs so got lic in phleb instead. think he will

Asked over 1 year ago - Pomona, CA

accept and grant expungement?

Attorney answers (5)

  1. Leigh Gretchen Fleming

    Contributor Level 12


    Lawyers agree


    Answered . While we cannot say for certain what the judge will do, the phlebotomy license is a step in a positive direction, like nursing school. My guess is you will probably be fine with the license you did get, but you will not know for sure until you go back to court. Good luck.

  2. Douglas Holbrook

    Contributor Level 17


    Lawyers agree


    Answered . My guess is that t he judge will consider that a reasonably similar alternative to what was agreed to. However, you will never know for sure until you go back to court and make the request for expungement.

  3. Philip Daniel Hache


    Contributor Level 16


    Lawyers agree


    Answered . In my opinion, it is similar and perhaps will get granted. Often times Judges want to be sure that people are working hard to what they consider, improving their life and their standing as a member of the community. That being said, I personally can not say with certainty as I am not the one making the decision (the Judge is). Out of curiosity, how long ago were you convicted? I am assuming you are still on probation, and the judge put on the record that he would terminate probation and grant expungement once enrolled in nursing school?

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This... more
  4. Neil James Fraser

    Contributor Level 15


    Lawyers agree

    Answered . Did the judge tell you on the record he'd expunge your conviction once probation terms were satisfied? If so, requesting a copy of the transcript would be of great value.

  5. George B. O'Neill


    Contributor Level 13


    Lawyers agree

    Answered . It doesn't matter if you got a license to be a monkey trainer... (sorry first idea that came to mind!) Anyone is entitled to "expunge" their record after they complete their probation. Just a hint though that expungement does not mean what you probably think it means. The conviction will always be on your DMV record. So if you submit the application pursuant to Penal Code Section 1203.4 to the court and it is granted, the document will say that you are found not guilty of the DUI and that the case is now dismissed. Sounds good but in truth all that your employer needs to do is look at your DMV printout, see the DUI that you failed to mention, and BINGO... "You're Fired... You lied on your application!" You of course would then show the court paperwork but I don't think that the boss will be too happy.

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