Steps to get off probation and expunge your case after a DUI in California
Getting a DUI off their record is one of the most common questions I receive. Most of my DUI clients have never have been in trouble before. Getting off probation and ultimately getting the DUI expunged is one of the most important aspects of the case.
Still on probation?If you are unfortunately: A. You cannot yet expunge/dismiss your San Diego DUI conviction under Penal Code Section 1203.4, and B. If requested by a California peace officer, you have to submit to blowing in a hand-held breath test gadget or breath machine in order to determine if you are driving with a measurable amount of alcohol in your system (.01% BAC or more). A) Not being to expunge/dismiss a San Diego drunk driving case can mean adverse consequences at work, school or elsewhere. B) Losing your license for 1 year if you blow .01% (unless your attorney prevails at the San Diego DMV hearing) would be a severe blow to your mobility, certain employment opportunities and other liberties. probation
How to get off probation?First, gather all relevant information: Date of Conviction, California Vehicle Code Section convicted of (e.g. 23152 or 23103.5) Years placed on Probation, Case Number, and Court Location. 2) Determine the Halfway point. It is the first realistic time to request this from the court. Divide the number of years you are on probation by 2. You usually need to be halfway through the probationary period before most San Diego county judges will seriously entertain granting your San Diego DUI attorney's motion to terminate probation. If you are on probation for 5 years, add 30 months from the date you were placed on probation, i.e. the conviction date. If you are on probation for 3 years, add 18 months from the conviction date. The conviction date can easily be found on your final (8 1/2 by 14 inches) court papers often called "MISDEMEANOR - DUI/TRAFFIC JUDGMENT MINUTES." You can visit your particular San Diego county court location to get a copy of it if you did not keep a copy. The Clerk's Office can look up your case number by your name and date of birth. As long as you have done everything ordered in a timely manner, probation continued and was not revoked. If not, and probation was revoked, the total probationary period is extended for the time your probation was revoked. 3) Determine why you need to be off probation. Employment-related opportunities is a common reason. Documentation or a letter from a prospective employer would be helpful. If not, write out a roadmap of what are your plans when off probation. 4) Provide this information to your San Diego DUI lawyer. He or she can then prepare, file, serve, calendar and appear on a "Motion for Early Termination of Probation" aka a "Motion to Terminate Probation." It normally takes 2 months (or a little longer) in order for your San Diego DUI criminal defense attorney to have this motion decided by a judge or commissioner, depending on the court calendar.
Now what?If probation is terminated you can begin the expungement process.