Downey, Expungement of DUI (Veh. Code § 23152(b)) Conviction

In early September 2015, our client, then 24 years old, was arrested along Imperial Avenue by the Downy Police Department on suspicion of driving while under the influence of alcohol. His blood alcohol content (BAC) was measured at 0.11%. This was a first-time DUI.
The terms of the plea bargain were that our client was placed on three years of summary, or informal, probation on the following terms and conditions: payment of a court fine of $390, plus penalties and assessments ($1,947, with credit for one day in custody, or $125 toward the base fine, for a revised fine of $1,822); enrollment in and completion of the AB541 program, as well as enrollment in and completion of the Mothers Against Drunk Driving (MADD) Victim Impact Program.

Our client complied with all terms and conditions of probation and probation expired with the passage of three years in April 2019.

In April of 2023, however, our client was still denied better due to the DUI conviction on his record, so he called Greg Hill & Associates and spoke with Greg. The client explained how he was employed as a Safety Compliance Specialist. He needed to obtain a higher-paying job to support himself and his family (his mom, his sister, and his young nephew).

However, he planned to apply for employment with the Los Angeles Fire Department. He knew it would be difficult, if not impossible, with this record to gain a government job. This was having a crippling impact on the healing of his personal life.

Greg then explained what “expungement” was under Penal Code § 1203.4. Greg explained that the record of the case being filed against him would not be erased, deleted or removed from his record, but his last plea would be returned to not guilty and the case would appear on his record as being dismissed. The client would also legally state on most job applications that he was not convicted of DUI.

The exceptions to this legal right to deny the conviction took place were if he was applying for a public office (i.e., mayor), applying for a state or local government issued license (i.e., to become an Emergency Medical Technician (EMT) as he might have to do if applying to become a fireman) or applying to operate a state lottery (i.e., selling lottery tickets if he were to buy a liquor store or gas station).

The client said he understood and hired Greg Hill & Associates. Our office then prepared the judicial council form that must be filed with the petition and we supplemented it with a short memorandum of points and authorities letting the court know a few facts about the case and our client’s reason for submitting the petition.

The supplemental memorandum included a short declaration from our client explaining that he was committed to living in a positive, productive direction. It explained his current employment situation and his goal to become a fireman to earn more for his family. He also stated that he has worked hard and resolved never to make the kinds of mistakes that led to the conduct at issue. He then stated that he believed he would be denied employment and advancement opportunities while having a conviction for Vehicle Code § 23152(b) and this was having a crippling impact on his personal and professional life. He concluded by stating that he did not want his family to continue to pay for this mistake.

Our office then filed the petition for dismissal (expungement) in the Downey Superior Court, paid the $120 filing fee, served the petition to the Downey District Attorney’s Office and then waited for the court to set a hearing date.

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