Navigating the aftermath of a DUI charge in San Jose, CA, can feel like a heavy burden. It affects various aspects of life, from employment opportunities to personal relationships. Understanding your options for expungement can provide a chance to reclaim your future and move forward without the shadow of past mistakes.
At Ahmed & Sukaram, Criminal Defense Attorneys, we have over 30 years of combined experience. We have successfully defended over 50 criminal trials and won over 3,000 cases. If you are looking for help getting your DUI charge expunged, let us help you. We can use our experience to advocate for you and defend your legal rights.
To discuss a DUI expungement, contact our firm today to schedule a free consultation with a San Jose DUI expungement attorney. Call us today at (408) 217-8818.
How Ahmed & Sukaram, Criminal Defense Attorneys Can Help With a DUI Expungement
At Ahmed & Sukaram, we understand the challenges you face following a DUI charge in San Jose, CA, and we’re here to guide you through the expungement process. Here’s how we can assist you:
- We can evaluate your case to determine your eligibility for expungement and give you direct insights into the best steps to take.
- Our team can provide clear explanations of your rights and the expungement process, ensuring you know what to expect.
- We can prepare and file all necessary paperwork on your behalf, trying to make the process as smooth as possible.
- We will be with you every step of the way, answering your questions and addressing any concerns that arise.
With our support, you can feel more confident as you take this important step toward a fresh start. If you need help with a DUI charge in San Jose, California, contact us today to schedule a free consultation with a San Jose DUI expungement lawyer.
Overview of DUI Expungement in California
In California, having your misdemeanor or felony DUI conviction expunged requires meeting the following criteria:
Completion of Probation: To be eligible, you must have successfully completed the terms of your DUI probation. This often includes several obligations, such as:
- Paying court fines and fees
- Attending DUI education classes
- Participating in Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings
- Undergoing alcohol or drug testing
- Completing substance abuse treatment
- Engaging in community service
Prison Time Considerations: The second requirement revolves around your incarceration history for the DUI charge. You may qualify for expungement if:
- You did not serve time in state prison OR
- You served time but would have been sentenced to county jail instead following the changes brought about by “realignment” under Proposition 47
Individuals with serious felony DUI convictions that resulted in significant injuries or fatalities may face challenges in obtaining expungement due to serving time in state prison.
DUI Expungement Process in San Jose
Once you have completed your probation for a DUI in California, you can take steps to petition the court for expungement of your conviction. Here’s an overview of the process:
Submit Your Petition
After completing probation, you can file a petition with the court. This document outlines your request for expungement.
Court Review
Once your petition is submitted, a judge will evaluate your case. They will determine whether you are eligible for expungement based on your probation completion and any incarceration history.
Court Decision
If the judge approves your petition, they will take action based on how you entered your plea. If you plead guilty or no contest, you will have the chance to withdraw that plea and enter a not-guilty plea. If you were found guilty after a trial, the judge will set aside that verdict.
Case Dismissal
After the plea withdrawal or verdict is set aside, the judge will dismiss your case officially.
Follow-Up
The expungement process can take up to four months, though it may be completed sooner. Follow up with your lawyer in a few months to make sure the process is complete.
It’s recommended to work with an attorney who can guide you through this paperwork-heavy process, ensuring everything is done correctly the first time.
Benefits of DUI Expungement
Expunging a DUI conviction comes with several advantages that can significantly impact an individual’s life. Some of the most important ones include the following:
- Improved Employment Opportunities: Many employers conduct background checks, and having an expunged record can enhance your chances of securing a job. You can usually answer “no” to questions regarding previous convictions.
- Increased Housing Options: Landlords often review criminal records before renting out properties. An expungement may open up more housing opportunities, making it easier to find a place to live.
- Easier Travel: An expunged record can make traveling less complicated, especially regarding visa applications or entry into other countries, where criminal history can be scrutinized.
- Relief from Stigma: Clearing your record can provide emotional and psychological relief, helping to reduce the stigma associated with a DUI charge. It allows you to move forward with your life without the burden of past mistakes.
The benefits of DUI expungement extend beyond just removing a conviction from your record; they can lead to an overall improved quality of life and better future opportunities.
Schedule a Free Case Evaluation With Our San Jose DUI Expungement Attorney
Navigating the expungement process can feel overwhelming, but taking the steps to clear your record can bring a sense of relief and a fresh start. By removing the weight of a DUI conviction, you open up opportunities and new beginnings.
If you believe you may be eligible for expungement, don’t hesitate to take the first step and consult with a legal professional. Contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free consultation with a San Jose DUI expungement attorney.