What is the likelihood of getting a conviction for Negligent Driving First Degree expunged. It was reduced from a 0.08 DUI. Are there forms to complete and file? Do I need to personally appear in court (I live in California)? Thank you.
Speeding / Traffic Ticket Lawyer
It is hard to give you a likelihood of this happening. The judge has the discretion to deny your request even if you are qualified and the prosecution may object because this was filed as a DUI. Some judges will do this while others will not. The reason it is an issues is twofold. First, a DUI reduced to a Neg. 1 counts as a prior DUI for sentencing purposes. If the incident occurred within the last seven years a judge may feel that removing the Neg 1 is contrary to the intentions of the mandatory DUI sentencing laws. Second, you cannot vacate and dismiss (Washington's version of expungement) a DUI conviction in Washington. Allowing a person to vacate and dismiss a charge originally filed as a DUI may not be consistent with the spirit of this law.
That being said, it is probably worth taking the time to make a motion to vacate if you qualify. The worse that can happen is the judge says "no." To qualify it must have been at least three years since the case was closed (probation, fines, etc...), you must have had no convictions since the incident, you must have no pending charges and never have had a conviction "expunged" before.
The judge and prosecutor may also look at factors such as any other criminal history and whether you had difficulties completing probation or treatment. Even judges that will be willing to grant this motion will probably want to be very careful.
Some courts want you to appear personally. However, this can usually been done without your presence.
2 lawyers agree
General Practice Lawyer
Please contact an experienced attorney who practices in the respective jurisdiction.
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Criminal Defense Attorney
Highly likely if you follow the correct procedure. Unfortunately, there are no forms. You'll need to hire a lawyer to appear in court for you. This is something we can do for you if you'd like to contact us directly.
At your service,
DUI / DWI Attorney
If it's been less than 7 years since you were arrested for the DUI (that was reduced to Neg 1), save your money. Your Neg 1 can/will be used as a prior offense (for purposes of mandatory minimum sentence on a new DUI in Washington) should you get another DUI in Washington. Because of that, it is highly likely that no judge in Washington will vacate your Neg 1 until 7 years has lapsed from the date you were arrested (just in case you come back to Washington and get another DUI). Once you are 7 years past that date, you can petition for vacation with more confidence (assuming you meet the requirements in RCW 9.96.060). By the way, in Washington, they don't "expunge" convictions, they "vacate" them.
DUI / DWI Attorney
It depends on whether you meet the requirements and if so, it is then at the Court's discretion. If you are able to afford an attorney - which should not cost too much - then I suggest you hire one. Otherwise spend time and research at a local law library -- king County Court Library might be helpful. Good Luck!