Expunge DUI Records | San Mateo DUI Lawyers

Archive for May, 2011

San Mateo DUI Lawyers

May 30th, 2011 |

DUI Attorneys in San Mateo, CA If you find yourself in a little bit of trouble, you may need the services of a DUI lawyer. Even if this is the first offense, sometimes the laws, fines and punishments can be tricky and confusing. You want to make sure that you have someone knowledgeable in this area to protect you and your rights. It can be difficult to attempt to handle something like this alone. If you find yourself in this type of a situation, a DUI lawyer is able to walk you through every step of the process. Without that guidance and direction, you may not understand what is going on around you and end up with a tougher sentence. You need someone to prepare you for what comes next and help you understand each of the events, hearings or trials that take place. Take advantage of someone who can direct you and let you know what will work best for your specific case. A local DUI attorney is knowledgeable in the laws and system that offenders need to go through. They know the routes that need to be taken to see your case settled or even dismissed. If you were to try and go at it alone, you may not be able to make these types of arrangements. Take advantage of someone working on your behalf. While punishment is obviously a part of getting caught, but DUI law still allows you to clear your record and make your past a little more palatable for employers and insurers. In most states, specialized DUI lawyers can help expunge your records or even withdraw a plea and clear it …

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California DUI Expungement

May 29th, 2011 |

Author: Expunge DUI Records

Expungement of DUI Cases

If you have already been convicted of a DUI, you may become eligible for an expungement of your DUI conviction under California Penal Code Section 1203.4. An expungement results in a dismissal of your case. If you are granted an expungement, the court will set aside and dismiss the conviction. Specifically, the court will withdraw your guilty or no contest plea, or guilty verdict if you went to trial, and grant a not guilty plea.

Why should you apply for an expungement of your DUI?

There are several personal and professional reasons why someone would want to apply for an expungement. An expungement is not automatically granted, and will not be granted in the event that you have broken any law since you received your DUI conviction, so the fact that your conviction is set aside proves to you and others that you have learned from your experience and have lived a law-abiding life since your conviction.

On a professional level, you can truthfully tell private employers that you have not been convicted of a crime. What’s more, California Labor Code §432.7 prevents employers from asking about any arrest that didn’t result in a conviction, inquiring about it from other sources or use it in a hiring decision. Note that if you ever apply for a job with a public entity, or for a professional license, when asked if you were ever convicted of a crime, you will have to report “Yes, and my conviction was dismissed.” Again, the fact that your conviction was set aside will definitely reflect more favorably on your character and indicates that you have fulfilled the requirements necessary to have your conviction set aside.

Additionally, most Licensing and Certification agencies in California will not grant a license to someone who has been convicted of a crime. The same is true for Governmental jobs. However, if your conviction has been expunged, most Governmental licensing and hiring agencies (except police agencies) are required to treat you the same as if you were never convicted of the crime.

What An Expungement Can Do For You

An expungement will reflect that your conviction has been set aside. An expunged record cannot be used by private employers as a basis to deny you employment. Also, in the State of California, Government Employers (except for the police) and Licensing Agencies such as the Department of Real Estate, Board of Nursing, etc., will treat you the same as if you have never been convicted of a crime if your record has been expunged.

What An Expungement CANNOT Do For You

An expunged record can still be reviewed by a judge for the purposes of increasing your sentence if you are ever convicted of another crime in the future. Also, an expungement does not wipe out your criminal record. Your criminal court file will not be physically destroyed, and is therefore searchable and is often discovered by private investigators and others who perform background checks. If your criminal court file is discovered, it will show that your conviction was set aside by the court. Accordingly, the Judicial Counsel of California advises that if you are asked by a private employer if you were convicted of a crime, you should answer “Yes, and the conviction was dismissed.” In the case of public employers and licensing agencies, you are required to answer that you have been convicted of a crime and that your conviction has been dismissed. Additionally, an expungement will not automatically grant you the ability to possess a firearm, nor will it restore any driving privileges that were revoked by the DMV due to the conviction.

When Can You Apply For An Expungement?

If you have been convicted of a misdemeanor DUI in a California state court (a 1st, 2nd or 3rd DUI with no accidents or injuries involved), and were not sentenced to prison, you are eligible to apply for an expungement at the end of your probation term. If your probation term has not ended but you have fulfilled all other terms of your probation (such as CalTrans, community service, payment of fines) your lawyer may apply for early termination probation. Once early termination of probation is granted, you will be eligible to also apply for an expungement.

If you have been convicted of a Felony DUI in California, you would first need to petition the court to reduce the felony to a misdemeanor. So long as you were not sentenced to prison, and your Felony is reduced to a misdemeanor, you will be eligible to apply for an expungement.

If you served time in State Prison or otherwise were under the care of the Department of Corrections, you will not be eligible for an expungement, but may be eligible for a Certificate of Rehabilitation from the California Board of Prisons.

Originally published here.

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Some DUI/DWI Laws!

May 27th, 2011 |

Author: Expunge DUI Records

Some DUI/DWI Laws!

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Some DUI/DWI Laws!

By: DWI Attorneys
Posted: Oct 13, 2010

Driving while intoxicated or impaired (DWI) and driving under the influence (DUI) are the two terms that not only related with intoxicated driving after the consumption of alcohol at a particular level. But, it is about committing an offense that may cause you in deep trouble. If the driver has consumed an amount of alcohol, whether legal or illegal, it can be proved by a common breath analyzer tests within few seconds.

It is important to mention here that the definition of drugs vary from states to states. However, they all consider a substance that mainly affects the thinking ability and physical capacities to an extent especially while driving. Also, you should know that driving under the influence of drugs available over-the-counter variety is different from generally medicine available such as caffeine pills or such others.

According to the definition used in California DUI/DWI, it is stated that any drug which is responsible for affecting a person’s nervous system, brain or muscle to an extent that the person becomes impaired to a degree and loses his or her ability to driving in the responsible manner. Also, the definition highlights that if the effect of alcohol is for the purpose of DUI or DWI drugs that are banned by the government of the state.

The punishment of such cases is usually similar in both DUI and DWI. Many states does not have jurisdiction to take a separate action against the person’s driving capabilities. It is because such jurisdiction is the result of violation of laws.

An experienced lawyer can help you get instant relief in such cases. Start looking for one from now onwards.

DWI Attorneys – About the Author:

DWI Lawyers is a directory of best law firms, best DWI attorneys in US states that will help convict to avoid or negate the serious penalties that a DWI convicting can cause you. A DWI/DUI conviction can stop you getting a job, promotion, credit, or even housing. You need an experienced, qualified, and knowledgeable DWI Lawyer.

Source: http://www.articlesbase.com/law-articles/some-duidwi-laws-3465102.html

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