According to the California's expungement law one can file for a Petition for Dismissal in order to re-open the case in court. But there are several restrictions in order to qualify for this option.
You will definitely need the assistance of an attorney. This is a complicated issue, and we suggest you inquire of a lawyer who is licensed to practice in California.
A DUI gives you two records; one criminal and one on your driver's license. Your criminal record is permanent, it will stay there forever unless you have a judge remove it from your record (expunge it). It varies from state-to-state how long the record will stay on your driving history.
go to the probation dept. and fill out a form to expunge your record and then a judge will get this form thus making a descession on having your record expunge. Meaning court oring your record to be sealed with all police stations and f.b.i. thus a court order is needed for anyone to see your records after your records have been ordered by the judge expunge..
The first step is to determine if you even qualify for expungement. ALSO - customarily only ONE expungement is granted per your lifetime, and there is no such thing as a blanket expungement of your entire criminal record. See below link:
In theory, any criminal conviction can be expunged. Actually doing it is something else again. Courts are generally reluctant to expunge any record unless there is a clear showing that the original conviction was unjust, or a long period of good conduct has passed with no further criminal actions recorded. The more serious the violation/conviction, the longer one has to show good conduct and the more reluctant a court will be to expunge a conviction. Domestic violence is a serious offense, and courts are very reluctant to expunge these for any reason.
You may apply to expunge only one offense at a time. Each offense will have to considered and ruled upon by the court as a separate matter.
No. Unless you were a minor at the time of the offense, criminal convictions stay on your record forever unless a pardon is granted.
Which record? Criminal record or driving record? For CRIMINAL RECORDS: - if they occurred prior to your 18th birthday they will disappear from the public access portion of your record automatically. If you wish, you can file a request to have your record EXPUNGED, but this takes some time and effort and must be done seperately for each individual record you want sealed. For DRIVING RECORDS: they are a running cumulative total of all your driving records since you were first issued one and run for you re entire life. It is not possible to expunge driving records.
Getting a DWI expunged from one's record can be a difficult process but it is possible with some exceptions. One must first live in a state where it is possible to expunge a DWI from their record and determine if they are eligible. One must then fill out an application for the courts to review and pay any fees associated. The decision will then either be made by a judge or through a public hearing.
Expungement of criminal offenses is customarily only offered one time for one offense. There is no such thing as a blanket expungement of a criminal record.
One possible answer is when you get a criminal record.
One can find California criminal defense attorneys online by checking out the website California Attorney Referral. Other options are to look at Legal Match, Legal Help Lawyers and California Criminal Defender.
If you are the one who was charged with it, yes, it will be on your criminal history record.