How to: Expunge a DUI Conviction in Orange County

How to Petition the Orange County Superior Court to Expunge a DUI Conviction

A DUI conviction can have long-lasting effects on your life, impacting your employment prospects, housing opportunities, and personal reputation. Fortunately, California law provides a pathway to clear your record through expungement. If you have a DUI conviction in Orange County, this blog post will guide you through the process of petitioning the Orange County Superior Court for a Motion to Terminate Probation and a Motion for Dismissal. We’ll also highlight the benefits of hiring an attorney to ensure a smooth and successful petition.

Understanding DUI Expungement in California

Expungement is the legal process of sealing or erasing a criminal record from public view. Once expunged, the conviction is effectively dismissed, allowing individuals to legally state that they have not been convicted of a crime. While you will still need to disclose the conviction to government agencies when applying for government jobs, legally your previous guilty plea has been set aside and a not guilty plea will be entered. Then, the court will dismiss the charge altogether. The benefits of expunging a DUI conviction are substantial:

Improved Employment Opportunities: Employers are less likely to reject candidates based on a criminal record.
Better Housing Prospects: Landlords may be more willing to rent to individuals without visible criminal records.
Enhanced Personal Reputation: An expunged record can improve social and professional relationships.

California Penal Code Section 1203.4 provides the legal framework for expungement, allowing individuals to petition the court for relief.

Eligibility for Termination of Probation and Expungement of a DUI

Before you can expunge your DUI record, you must first seek to terminate your probation early. Here are the criteria for early termination:

Completion of at least half of the probation period
Compliance with all probation terms and conditions
Payment of fines, restitution, and other fees

In Orange County, California, the court may seek to see you’ve completed two out of a three year probationary period in addition to remaining compliant with your terms and conditions before seriously considering your petition.

To warrant relief, DUI defendants must be able to show serious change in their behavior, be upstanding citizens in their home county, and connect the link for why early termination will help them achieve their future goals. Future goals in public service may be look at more favorably than those exclusively seeking private employment.

Once probation is terminated, you can pursue expungement. To be eligible for expunging a DUI conviction, your case must meet the following criteria:

Misdemeanor DUI convictions (felony DUIs with no state prison sentence may also qualify but there is more steps)
Successful completion of probation

An attorney can assess your specific situation to determine if you meet these eligibility requirements.

Preparing the Petition

Gathering necessary documents and information is the first step in preparing your DUI expungement petition. Here’s what you’ll need:

Copy of your criminal record: This can be obtained from the court or the California Department of Justice.
Details of the probation period and compliance: Include all relevant information that demonstrates your adherence to probation terms.
Supporting evidence: This could be letters of recommendation, proof of rehabilitation, and any other documentation that supports your case.

Next, you’ll need to complete the necessary forms:

Petition for Early Termination of Probation (Form CR-180)
Petition for Dismissal (Form CR-181)
Order for Dismissal (Form CR-182)

Seeking Legal Assistance

While it’s possible to file these petitions on your own, seeking legal assistance can greatly increase your chances of success. Attorneys can help present your situation clearly to the judge and explain why expungement is the proper outcome. Here’s why consulting with an attorney or law firm is beneficial:

Expert Guidance: Attorneys specializing in DUI expungement have the expertise to navigate the legal system efficiently.
Accurate Documentation: A lawyer can ensure all forms are correctly filled out and that all necessary documents are included.
Strategic Advice: An attorney can provide strategic advice on presenting your case, including gathering compelling evidence and preparing for the hearing.

To find a reputable attorney, consider the following tips:

Research: Look for attorneys who have successfully represented clients in DUI expungement cases.
Reviews: Check online reviews and testimonials.
Consultations: Schedule consultations to discuss your case and evaluate the attorney’s qualifications.

Filing the Petition with the Orange County Superior Court

Once your petition is prepared, the next step is to file it with the Orange County Superior Court. Here’s how:

Determine the appropriate court location: You must file your petition in the specific branch of the Orange County Superior Court where the conviction occurred. The Orange County Superior Court has several locations, so make sure to identify the correct one.
Contact the court clerk: The clerk can provide specific filing procedures for that court.
Submit the completed forms and supporting documents: This includes the Petition for Early Termination of Probation, Petition for Dismissal, and Order for Dismissal, along with any supporting evidence.
Filing fees: Be prepared to pay filing fees, though fee waivers are available for those who qualify.

Attorney Assistance in Filing

Having an attorney assist with filing can streamline the process:

Efficient Filing: Attorneys are familiar with court procedures and can file your petition accurately and efficiently.
Representation: If any issues arise during the filing process, your attorney can address them promptly.
Follow-up: An attorney can track the progress of your petition and ensure timely responses to any court requests.
Appearing 977: Attorneys in California may appear on their client’s behalf for DUI misdemeanor offenses without the need for the client to be present. While it is always better for the judge to see the client in person, that may not be possible for clients located in another state who were convicted in Orange County. Pursuant to section 977 of the California Criminal Code, attorneys may appear without their clients to argue the motion to terminate probation.

The Court Hearing

After filing your petition, a court hearing will be scheduled. Preparation is key to a successful outcome. Here’s what you need to know:

Understanding the court process: Familiarize yourself with the hearing procedures and what to expect. On the day of the hearing, you’ll arrive to the courtroom, sign in, wait to be called, and then present your case.
Preparing a statement or testimony: Be ready to present your case to the judge, highlighting your compliance with probation terms and any evidence of rehabilitation.

Attending the Hearing

Attending the hearing is crucial:

Punctuality and attire: Arrive on time and dress appropriately to show respect for the court. If you would like the judge to take you seriously, you need to present yourself professionally. Avoid jeans, t-shirts, and other casual clothing. Going to court is serious.
Presenting your case: Be clear and respectful when presenting your case to the judge. You may address the judge as “Your Honor” when speaking directly to the judge. If you are talking to the bailiff or other court staff about the judge, you may call him or her “judge.”

Legal Representation at the Hearing

Having an attorney represent you at the hearing can make a significant difference:

Professional Advocacy: An attorney can present your case effectively, addressing any concerns the judge may have.
Legal Experience: Lawyers can navigate legal arguments and counter any objections from the prosecution. If the Orange County District Attorney’s Office plans to object to your motion, you’ll want to have an experienced Orange County lawyer to argue your case.

After the Hearing

Once the hearing is concluded, the court will make a decision. Here are the possible outcomes:

Approval of the motion to terminate probation: If granted, your probation will be terminated early.
Denied: If the court denies the motion for early termination of probation, you can wait and file again at a later period with additional and new evidence.
Approval of the motion for dismissal: If granted, your previous guilty conviction will be set aside, and the court will enter a not guilty plea. After the not guilty plea is entered, your case will be dismissed, and your case will be finally expunged.

Next Steps if the Petition is Approved

If your petition is approved, you’ll need to take the following steps:

Get the Court Order: Wait for the court clerk to process the paperwork and speak with the bailiff to get the official court order. This is your record of the result of the case and it is extremely important you have the court’s decision in writing.
Update personal records: Ensure that your record reflects the termination of probation and dismissal of the conviction.
Inform relevant parties: Notify employers, landlords, and others who may have access to your criminal record.

Post-Hearing Support from an Attorney

Your attorney can provide continued support after the hearing:

Guidance on updating records: They can help ensure your record is updated correctly.
Legal advice: Your lawyer can advise you on any further steps you need to take.

Finding Legal Help

If you’re looking for an attorney in Orange County, consider these resources:

Military Law Center: Our firm has more than 40 years of combined criminal law experience and have successfully helped clients expunge their DUI convictions in Orange County, California. Our firm offers a free consultation.
Orange County Bar Association: This organization can refer you to qualified attorneys in the Orange County area.
Online legal services: Websites like Avvo and LegalZoom offer attorney directories and reviews.

Terminating probation and obtaining a dismissal are critical steps in the expungement process for a DUI conviction in Orange County, California. With the guidance of an experienced attorney, you can navigate this process more effectively and increase your chances of a successful outcome. Expungement can significantly improve your personal and professional life, opening up new opportunities and helping you move forward.

If you or a loved one are looking to clear a DUI conviction from your record, don’t hesitate to take action. Contact a qualified attorney at the Military Law Center today to start the expungement process. For further assistance or questions, reach out to us – we’re here to help.