Often people who are convicted of a DUI, especially if it is a felony offense, believe that it must remain on their record forever. However, it may be possible for DUIs, even felonies, to be expunged in the state of California. The laws governing DUI expungement are complex, but having a felony DUI removed from one’s record can have many benefits for an individual whose past includes a DUI conviction. Consider speaking to a qualified San Jose DUI attorney about your case.
Factors to Consider
Obtaining an expunction requires the successful negotiation of the terms or process established by the judge under state law. Some typically important factors are:
- The age of the offender at the time of the offense
- Whether the offense was a misdemeanor or a felony
- What the penalty for the offense was: probation, county jail time, or state prison
If you were convicted of a DUI in the past and are now trying to rebuild your life, you may wish to consider seeking expungement. Not only can it make finding a new job easier, but it can give you an important sense of closure that can help you move on emotionally.
Expungement can make a drastic difference in your life, but it is important to note that there are some restrictions on expungements. Some examples include: you must still report expunged DUI offenses if applying for certain professional licenses or running for public office. Also, if you have a first DUI offense expunged and are convicted of a DUI again within 10 years, this will still be considered a second offense, and you will be subject to the more severe penalties of a second offense.