Go to main navigation
21515 Hawthorne Boulevard, Suite 590, Torrance, California 90503
Free Consultation 323-529-3660 323-529-3660

Expungement is the process of setting aside a conviction, entering a plea of Not Guilty, and dismissing the case. This process is covered by California Penal Code section 1203.4, 1203.4a, 1203.41 and related sections. To accomplish the expungement, we fill out some forms, attach a statement from the defendant, file the forms, serve the forms on the prosecuting agency, and attend a court hearing (if necessary). Most expungements are granted without any additional requirements. Filing fees vary by county, but in Los Angeles, the filing fee is typically $120. You can apply for a fee waiver, if you qualify.Criminal records don't automatically go away. They stay on your record forever, unless you take action to clean up the record, such as with a California expungement to clear your criminal record.In California, DUIs can be punished differently based on the facts of the alleged offense. If there is a crash or a high Blood Alcohol Content (BAC), the penalties may be more severe. A 2nd or 3rd DUI within 10 years are still generally misdemeanors, but come with enhanced penalties, including likely jail time. A 4th DUI within 10 years is a felony.A DUI arrest kicks off two different processes - the Court and the DMV. In court, there will be arraignment, usually a few months after the arrest. At arraignment, the defendant enters a plea of guilty, no contest, or not guilty. If the defendant pleas not guilty, the next step will be a pre-trial hearing, several possible motion hearings, and then eventually, a trial. At the DMV, a hearing officer will decide whether or not to suspend the defendant's driver license. By requesting a hearing within 10 days of the arrest, the defendant receives a temporary driver license until the hearing results are received.The police are only required to read Miranda rights if a suspect is both "in custody" and "under interrogation." Of course, both of these terms have legal definitions. "In custody" is determined form a the perspective of a neutral observer - if an observer would believe that the suspect is "free to go," then s/he's not "in custody." "Under interrogation" generally means that the police are asking questions likely to elicit an incriminating response.Any crime punishable by state prison time.Any crime punishable by up to one year in the county jail, or by a fine.Contact an attorney immediately. Do not make a statement to any government agent, including the police.Once convicted of DUI in California, you'll need to complete a series of classes and pay a fine. The DMV will suspend your driver license and may require you to install an ignition interlock device. Once you are off of DUI probation, you should qualify for a California expungement under Penal Code section 1203.4 -- this will result in the charge being dismissed from your criminal record.No.Yes. Proving that you are not guilty is very difficult. Only a qualified criminal defense attorney can help analyze the government's evidence, point out the flaws in it, and present your evidence in the appropriate way to get the result that you deserve.