Legal Question in DUI Law in California

How can a person have a felony DUI strike remoned in CA

Asked on 8/26/10, 2:18 pm

2 Answers from Attorneys


A couple of things, normally DUI's aren't strikes so, I'm wondering if maybe there was something like an injury or death related to the DUI. DUI's are priorable, meaning that having one with 10 years of another or others can increase the penalties upon a conviction. If you were placed on probation the offense can normally be reduced to a misdemeanor, your plea of "no contest" or "guilty" is withdrawn and the case is dismissed and you no longer have a conviction, often referred to as an expungement. There are requirements for being able to apply for an dismissal under P.C. 1203.4, such as, you can't currently be on probation for another offense and you can't be in a situation where you have a case pending. If the case was a felony and you went to prison for the offense, to have the offense removed you have to do a Certificate of Rehabilitation.

I hope that answers your question. Good luck.

Elena Condes

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Answered on 8/31/10, 2:49 pm

Terry A. Nelson Nelson & Lawless

Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you’re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 8/31/10, 5:36 pm

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