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Could You Be Eligible for a DUI Expungement?

Pleasant Hill, California is located on the East Bay of the San Francisco Bay area, in Contra Costa County. With only 7.1 square miles, and a population of approximately 34,000, Pleasant Hill was incorporated in 1961. In 1991, in an effort to create a true Main Street, redevelopment around the intersection of Monument Blvd and Contra Costa Blvd. resulted in an outdoor shopping center, designed to resemble Main Street, USA.

Like most all small towns, Pleasant Hill has favorite “stopping by” places, where residents go after work or on weekends. Farrington’s Sports Bar is one of these places, located on Contra Costa Blvd. Farrington’s offers big screen televisions, pool tables, dart boards, karaoke, shuffleboard, great mixed drinks, a wide selection of beer and even dancing.

Or perhaps you prefer Magoo’s Grill, also located on Contra Costa Blvd. Magoo’s offers an incredible patio, happy hour, weekend brunch, sports on televisions, beer on tap, and especially friendly bartenders. Whether you choose one of these favorites or you have your own favorite, one thing you may not think about is running into a DUI checkpoint on your way home.

Contra Costa Blvd. and Gregory Lane is a favorite spot of law enforcement to set up these DUI stops. Ending up with a DUI on your record, when your only aim was to spend a few hours with friends or family members, relaxing and having fun, can be a huge stressor in your life.

First-time DUI convictions in the state of California can bring many unpleasant, long-term consequences into your future, including:

  • A minimum $390 fine, (up to $1,000 maximum)
  • Between $1,800 and $2,600 in DUI penalty assessments
  • A 48-hour-jail sentence minimum (up to a six-month maximum), or a 90-day license restriction (to begin after the DMV four-month suspension) which only allows you to drive to and from work or to and from an alcohol treatment program
  • Completion of a $500, three-month alcohol-treatment program
  • Impoundment of your vehicle
  • Three to five years’ probation
  • The requirement to have a mandatory ignition interlock device placed on your vehicle
  • Insurance premiums which increase to the point of being unaffordable
  • Possibly losing your current job
  • The inability to secure another job
  • The social stigma attached to a DUI conviction

Perhaps you have already experienced all the adverse consequences of a California DUI conviction. If so, you may have wondered whether you could have the record of your DUI expunged, thereby increasing your ability to secure employment or housing. DUI expungement has certain requirements which must be met.

DUI Expungement

Expungement is basically a way to legally erase your criminal record when it comes to certain situations. For example, expungement allows you to legally claim that you have no felonies on your record when you're interviewing for most private-sector positions. Some of the exceptions to this include any law enforcement position or job working with children or in education.

The basic requirements to qualify for expungement are as follows:

You must have received probation for your DUI conviction, and you must have successfully completed that probation. When your probationary period is complete, you then have the option of petitioning the court to expunge your DUI record.

Once your petition is filed, if the judge grants the petition for expungement, you will withdraw your plea of guilty or no contest, and re-enter a plea of “not guilty.” At this point your DUI arrest will be expunged, and you are no longer required to disclose the DUI conviction on your job applications. You are not, however, exempt from disclosing the DUI conviction when applying for state licenses or teaching credentials.

Further, if you receive another DUI conviction within ten years of the first, it will be treated as a repeat offense, despite the fact your DUI was expunged.

It is also worth noting that most probation periods for those receiving their first DUI conviction are from three to five years, but you are allowed to petition the court to terminate the probation early. While most judges are reluctant to grant early termination of DUI probation, it could still be worth a try, in order to start your expungement process earlier.

Having an experienced Pleasant Hill DUI attorney by your side during the entire DUI process will almost always result in a more positive outcome, so contact a knowledgeable DUI lawyer today. Our firm serves Contra Costa County, Alameda County, and the East Bay with aggressive, effective DUI defense.

Contact the Oakland Law Offices of Nabiel C. Ahmed today to find out if you qualify for an expungement of your conviction. Call us at (510) 907-6600 for a free consultation.

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