As a former prosecutor, I believed every person that attempted to get their case expunged was wise. It helps cap a very traumatic process that the person went through.
Why is expungement is good for you
If you’ve tried to look for a job since your DUI conviction, you may notice how much harder it is to land a job with a criminal record. In other words, DUI convictions often stigmatize job applicants. One of the greatest advantages of a DUI expungement is how you’re no longer required to disclose the DUI on job applications, with the exception of state licenses and teaching credentials.
State license boards maintain the right to not issue or renew licenses or credentials if you are convicted of DUI; however, having one’s DUI expunged paints them in a more favorable light and improves their chances of a positive outcome with a state licensing board. Why? Because it shows the board that the offender has done all he or she can do to take responsibility for their mistake.
A DUI is considered a “priorable” offense in California. This means that even if your DUI is expunged if you’re re-arrested for DUI within 10 years of the first offense, you will face enhanced penalties because of the prior offense. The expungement will not reduce the penalties that you face.1203.4.
A clean criminal record can make the difference in whether or not you get the job you want or the loan you need to buy a house or car, and other areas of your life you may not have even considered. If you don’t want one mistake to haunt you for the rest of your life, you should learn everything possible about expunging a criminal record. A San Diego expungement is something you should consider.
Here are some examples of how getting your case expunged can help you.
I can think of 10 reasons
- 1. Employment
- 2. Education
- 3. Housing
- 4. Loans
- 5. Licensing
- 6. Insurance
- 7. Firearm Rights
- 8. Federal Assistance
- 9. Adoption
- 10. Volunteering
Here are some in detail:
1. Getting a job
If you’ve ever filled out a job application, you probably remember the section where they ask if you’ve ever been convicted of a crime. This always creates an awkward situation for someone with a criminal record. They can either answer truthfully and risk not getting the job, or lie and risk being in violation of the law once again. If you successfully expunge your record, you should be able to truthfully write “no” in answer to that question. A San Diego Expungement will no doubt assist you.
2. Getting a loan
A San Diego Expungement will help you better obtain a loan. Some loan agencies think that a criminal conviction is an indication that someone is less likely to meet their financial obligations. That means you may be facing prohibitive interest rates or be unable to get a loan at all. That means difficulty buying a car, a home, or paying for an education. Combine that with difficulty getting a job and you could be in a very tough situation.
Have you ever considered adopting a child? Do you want to adopt one right now? If you do, you may want to look into getting your record expunged. 15 states currently make it illegal for someone with a criminal record to adopt children. You should note that in most if not all cases, criminal convictions involving offenses against minors cannot be expunged, so if you have been involved in a crime involving children or a sex crime, you will almost certainly never be able to adopt a child. A San Diego Expungement will no doubt assist in this process.
4. Peace of mind
Although there are many other reasons why expunging your criminal record is definitely to your advantage, the most important one might be your own peace of mind. While you have that mark on your record, it’s hard to feel truly free. When you clear your record you have a clean slate. You can feel like a truly contributing member of society, just as entitled to the rights and privileges of a citizen as anyone else around you. Even if you’ve taken your punishment for your offense, it’s sometimes hard to feel like it’s completely behind you while your criminal record is still out there. A San Diego Expungement can help achieve this. If this is something that you would be interested in…please contact the Law Offices of Mark Deniz and schedule a free consultation at (858) 751-4384.
Penal Code 1203.4
(a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission.
(2) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(3) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to
hold public office.
(4) This subdivision shall apply to all applications for relief under this section which are filed on or after November 23, 1970.
(b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or 311.11, or any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.
(c) (1) Except as provided in paragraph (2), subdivision (a) does not apply to a person who receives a notice to appear or is otherwise charged with a violation of an offense described in subdivisions (a) to (e), inclusive, of Section 12810 of the Vehicle Code.
(2) If a defendant who was convicted of a violation listed in paragraph (1) petitions the court, the court in its discretion and in the interests of justice, may order the relief provided pursuant to subdivision (a) to that defendant.
(d) A person who petitions for a change of plea or setting aside of a verdict under this section may be required to reimburse the court for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court not to exceed one hundred fifty dollars ($150), and to reimburse the county for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors not to exceed one hundred fifty dollars ($150), and to reimburse any city for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the costs for services established pursuant to this subdivision.
(e) (1) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days’ notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section.
(2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.
(f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.
(g) Notwithstanding the above provisions or any other provision of law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged with a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation.