Bellflower First Time DUI Conviction (VC 23152) Expunged
Nearly five years later, he contacted our office to ask about having the conviction expunged.
He discussed the underlying DUI with Greg Hill, explaining that he had entered into the plea bargain with the help of a public defender. Now 29 years old, he explained that he was working as a works as a finance manager at a heavy civil construction company that oversees large state and federal highway projects. In 2013, he began working for the company as a temporary assistant and was now a full-time manager.
For several months, he applied and interviewed for advancement positions, but when his company completed a background check and learned of his DUI conviction, he was told his conviction prevented him from driving the required company vehicle. He was distraught that this conviction from five years ago was preventing him from further advancements within his company. He wanted to work his way up the corporate ladder with the construction company, but this conviction was preventing him from reaching his goal.
He also said that he was anxious that if he started searching for other employment opportunities, he was afraid the potential employers would complete background checks and deny him positions based on his conviction. This was having a devastating impact on his professional life. He felt locked into a job where he had no future and could not transition elsewhere because of the DUI.
More importantly perhaps, he was getting married and he and his fiancé wanted to purchase a house together. He thought it would be difficult, if not impossible, to secure the loan with this conviction on his record. He did not want his fiancé to pay for his past mistakes. The conviction, in other words, was having a crippling impact on his career and beginning his married life on stable footing.
Greg then explained how an expungement, in contrast to sealing a record, does not erase, delete or remove the record of showing he was at one time charged with DUI. However, expungement (also called relief under Penal Code § 1203.4) would replace his last plea from guilty or no contest with “not guilty” and show the case dismissed.
Our office then filed the petition for dismissal (CR-180 form) with a supplemental memorandum with a declaration from the client about his difficulties having such a conviction.
Our office also served the district attorney’s office.