Expunge answer in DWD

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Aug 6th, 2022
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How to expunge answer in DWD

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hello this is Dan colossia with colossia law Iamp;#39;m right outside the Larson Justice Center here in Indio California a question I get asked a lot is can you expunge a driving while Under the Influence case in California under the California expungement laws the short answer is yes you can even though a lot of attorneys donamp;#39;t like taking them because itamp;#39;s not an automatic once you complete probation that means once you submit the paperwork the court has no discretion and this itamp;#39;s under the interest of justice and whatamp;#39;s interest of justice that means the court has discretion whether or not to Grant the expungement so itamp;#39;s very important if you have a driving Under the Influence case that you completed probation or if youamp;#39;re close to completion you complied with all the terms of probation that means if the court ordered you to take a class usually a three-month or six month class that you did all the classes and completed it in additi

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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Employers and potential employers (except law enforcement, states attorneys, State Police, etc.) are not allowed by law to ask you whether you have had any records expunged or sealed. Once a record has been expunged or sealed it may not be considered by a private or public entity in employment matters.
If Employers ask if you have ever been convicted of a crime, you can respond with NO. On questions from Government Licensing Applications, if you are asked if you have ever been convicted of a crime, you should disclose the expunged case but can tell them it has been dismissed and set aside.
If you have successfully gotten a 1203.4 dismissal (expungement), it does NOT mean that the conviction is wiped away, sealed, purged or destroyed! The arrest is still there, charges are still there, but technically the conviction is set aside and dismissed.
When your conviction is dismissed, it is not removed from your criminal record held by the California Department of Justice, but the record will show that your conviction was dismissed. Many public employers will likely be able to see your conviction, but will also see that it has been expunged.
The petition to expunge arrest records should be filed in the court where charges were filed or, if no criminal charges were filed, in a court in the county where the arrest occurred. I.C. 35-38-9-1(e). There is no filing fee required for a petition under this section.
The California Penal Code 1203.4 states that a successful expungement erases virtually all penalties and disabilities resulting from the offense. For many people, one of the most important benefits of expungement is the ability to answer no to the question of whether you have ever been convicted of a crime on
Such offenses may include but are not limited to: Capital murder (PC 19.03) Indecency with a child (PC 21.11(a)(1)) Aggravated kidnapping (PC 20.04) Aggravated sexual assault (PC 22.021) Aggravated robbery (PC 29.03) Sexual assault (PC 22.011) Injury to a ch481. Sexual performance by a child (PC 43.25)
In California, when your record is expunged, the court clerk informs the FBI and the DOJ to update their records to show that your case has been dismissed. Note that private companies that do background checks, are not notified of the dismissal.

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