Expungement Of A DUI Conviction
Expungement is a court-ordered process in which a criminal conviction is dismissed.
A criminal conviction on your record can potentially affect employment opportunities, your ability to travel to certain countries, and have other long-term consequences.
There are several ways to address your DUI conviction or other misdemeanor/felony conviction, including:
1) Post-conviction dismissal
Under Penal Code section 1203.4, you may be eligible to have your conviction dismissed if you were sentenced to county jail, placed on county probation, or for misdemeanor/infraction offenses for which no probation was granted.
Some petitions are mandatory, which means they must be granted by the judge if properly filed. Others, such as petitions for all DUI cases, are discretionary.
At the hearing on a discretionary petition the judge will consider evidence of rehabilitation and other supporting documents in deciding whether to grant the dismissal.
I’m experienced in handling DUI expungement petitions and will craft a complete motion for dismissal on your behalf. A thorough, detailed motion will fully inform the Judge of the changes you’ve made in your life and will give you the best chance at success.
2) Reduction to a Misdemeanor
For certain types of crimes, it may be be possible to request that the Court reduce a felony conviction to a misdemeanor. For example, someone convicted of a felony DUI may ask the court to reduce the charge to a misdemeanor pursuant to Penal Code section 17(b).
You can request a 17(b) reduction at the same time you petition the Court to have the conviction dismissed under Penal Code section 1203.4.
Other potential remedies may include Proposition 47 reductions and the sealing of your arrest record pursuant to the newly passed SB 393.
Each of these options has restrictions and limitations, which I’d be more than happy to share with you in an initial free consultation. Click here to schedule your free consultation now!
Real Case Outcomes
First Time DUI
The client was charged with a violation of Vehicle Code section 23152(e), driving under the influence of a controlled substance. A motion to suppress evidence was filed and heard in court. After evaluating the evidence at this motion, including the testimony of the CHP officer and the patrol car video, and considering the legal arguments, the Judge granted the motion. The DA subsequently dismissed the case.
First Time DUI
Plea To Reckless Driving
The client was charged with driving under the influence of marijuana. According to the officer, client almost hit his patrol car. Client admitted recent marijuana use to officer and did not perform satisfactorily on the field sobriety tests. The case went to trial and the jury was hung. The DA subsequently offered a reduced offer and the case resolved for a plea to reckless driving..
“I had a DUI charge and a commercial driver’s license at risk. I got Rick Gazipura as my attorney and he did a great job against an Assistant District Attorney hell bent on getting a guilty verdict. I had 5 additional charges added on months later, some quite serious.
“In the end, we went to a jury trial. Mr. Gazipura brought in a great forensic scientist and I was found ‘not guilty‘ on the DUI charge. All other charges were dismissed except for ‘dry reckless driving,’ for which the judge gave me the minimum fine. Mr. Gazipura is a great attorney!”Cliff M.
“My DUI marked the end of a very tough chapter in my life. I found myself facing serious repercussions. Needless to say, I was really scared. Mr. Gazipura with his extensive knowledge and calm demeanor made me feel immediately better about my situation. He was so compassionate and caring, I knew right away I was in good hands.
“In the end, everything worked out really well. I’m so grateful to Mr. Gazipura for his hard work on my behalf! 5 stars and 10/10, I would recommend him to anyone.”Rose T.
“I was being charged with a DUI and with the help of Mr. Gazipura I was found ‘not guilty’ after the trial. Mr. Gazipura listened to me, was thorough in his research of the case, was knowledgeable of the law and the standard procedures of DUI testing, brought in expert witnesses, and with his calm demeanor won the case.
“I’m so grateful to Mr. Gazipura for the positive outcome of my case as it has allowed me to begin my professional career without difficulties. I would recommend Mr. Gazipura to anyone facing legal trouble.”A. C.
Criminal Defense Help
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