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DUI Conviction Expunged, 0.13% BAC, Newport Beach Courthouse
In June 2016, our client, then 25 years old, was arrested on suspicion of driving while under the influence of alcohol. This was a first-time DUI. His blood alcohol content (BAC) was measured by his breath at 0.13%.
About four months later, with representation by the public defender, the client entered into a plea bargain to a violation of Vehicle Code § 23152(b). The terms of the plea bargain were that our client was placed on three years of summary probation on the following terms and conditions: payment of a court fine of $390, plus penalties and assessments; serve one day in county jail (credit for time served), and enroll in and complete the AB541 program, as well as payment of a restitution fee.
The client then complied with all terms and conditions of probation and probation terminated with the passage of three years in October 2019.
Nearly four years later, due to pressing employment concerns, the client called up Greg Hill & Associates and spoke with Greg Hill about expungement. Greg explained that one certainly may request (“petition”) the court for dismissal of the case (“expungement”), but that expungement does not erase, delete or remove the entry in one’s criminal history that such a case was filed against the person. Greg explained, however, that the last plea in the case, with expungement, will be returned to not guilty and that, legally, one can respond that he or she was never convicted in the case, with certain exceptions.
Those exceptions are that one must disclose the conviction if applying to the California State Lottery Commission to operate a state lottery (i.e., at a liquor store), if applying for any local or state license (i.e., to be a licensed attorney, medical doctor, real estate broker, etc.) or if applying for public office (i.e., to be a mayor of a city). Greg also explained that a judge actually has discretion to deny a request for expungement in a DUI, but in a non-injury, non-felony, low BAC, first-time DUI such as our client’s, this was unlikely.
The client, now 33, said he understood this and still wanted to move forward with requesting expungement and retained Greg Hill & Associates.
Our office then filled out the judicial council form that is submitted requesting expungement, but we also attached a supplemental memorandum of points and authorities explaining why our client sought expungement and a declaration signed by him explaining his reasons for requesting expungement.
In our client’s case, he stated in his declaration that he was committed to living in a positive, productive direction. He had lived a stable life since his arrest in this case. He had worked hard and resolved never to make the kinds of mistakes that led to the conduct at issue. The declaration further stated that he was employed at an international company as a technical writer, but he wanted to obtain a higher-paying job to support himself, his wife, and first child on the way.
The supplemental memorandum and the client’s declaration stated that our client realized that he would be denied employment and job opportunities while having a conviction for Vehicle Code § 23152(b). This was having a crippling impact on his professional life (¶ 10, Humphrey Dec.).
Not only was he missing employment opportunities, but he was vulnerable to a routine background check which would reveal this conviction and consequently, he may be fired and then not be able to financially support his family. Therefore, he seeks expungement to avoid such problems.
Moreover, our client did not realize when he entered his plea in this case that he could be denied employment opportunities due to this DUI conviction. Having a conviction, in other words, affected his reputation in the short term and his life goals in the longer term.
Our office then mail filed the request for dismissal in the Newport Beach Superior Court and served the Orange County District Attorney’s Office in Newport Beach.
About three weeks later, our office received an envelope in the mail from the Newport Beach Superior Court with the signed order of dismissal. The judge had ruled on the petition in chambers, granting the petition without even a hearing.
About four months later, with representation by the public defender, the client entered into a plea bargain to a violation of Vehicle Code § 23152(b). The terms of the plea bargain were that our client was placed on three years of summary probation on the following terms and conditions: payment of a court fine of $390, plus penalties and assessments; serve one day in county jail (credit for time served), and enroll in and complete the AB541 program, as well as payment of a restitution fee.
The client then complied with all terms and conditions of probation and probation terminated with the passage of three years in October 2019.
Nearly four years later, due to pressing employment concerns, the client called up Greg Hill & Associates and spoke with Greg Hill about expungement. Greg explained that one certainly may request (“petition”) the court for dismissal of the case (“expungement”), but that expungement does not erase, delete or remove the entry in one’s criminal history that such a case was filed against the person. Greg explained, however, that the last plea in the case, with expungement, will be returned to not guilty and that, legally, one can respond that he or she was never convicted in the case, with certain exceptions.
Those exceptions are that one must disclose the conviction if applying to the California State Lottery Commission to operate a state lottery (i.e., at a liquor store), if applying for any local or state license (i.e., to be a licensed attorney, medical doctor, real estate broker, etc.) or if applying for public office (i.e., to be a mayor of a city). Greg also explained that a judge actually has discretion to deny a request for expungement in a DUI, but in a non-injury, non-felony, low BAC, first-time DUI such as our client’s, this was unlikely.
The client, now 33, said he understood this and still wanted to move forward with requesting expungement and retained Greg Hill & Associates.
Our office then filled out the judicial council form that is submitted requesting expungement, but we also attached a supplemental memorandum of points and authorities explaining why our client sought expungement and a declaration signed by him explaining his reasons for requesting expungement.
In our client’s case, he stated in his declaration that he was committed to living in a positive, productive direction. He had lived a stable life since his arrest in this case. He had worked hard and resolved never to make the kinds of mistakes that led to the conduct at issue. The declaration further stated that he was employed at an international company as a technical writer, but he wanted to obtain a higher-paying job to support himself, his wife, and first child on the way.
The supplemental memorandum and the client’s declaration stated that our client realized that he would be denied employment and job opportunities while having a conviction for Vehicle Code § 23152(b). This was having a crippling impact on his professional life (¶ 10, Humphrey Dec.).
Not only was he missing employment opportunities, but he was vulnerable to a routine background check which would reveal this conviction and consequently, he may be fired and then not be able to financially support his family. Therefore, he seeks expungement to avoid such problems.
Moreover, our client did not realize when he entered his plea in this case that he could be denied employment opportunities due to this DUI conviction. Having a conviction, in other words, affected his reputation in the short term and his life goals in the longer term.
Our office then mail filed the request for dismissal in the Newport Beach Superior Court and served the Orange County District Attorney’s Office in Newport Beach.
About three weeks later, our office received an envelope in the mail from the Newport Beach Superior Court with the signed order of dismissal. The judge had ruled on the petition in chambers, granting the petition without even a hearing.
We then pdf’d the signed order and emailed it to the happy client.
