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Second-Time DUI Conviction Expunged, Long Beach Court
On April 17, 2013, our client, then 24 years old, was arrested in Long Beach on suspicion of driving while under the influence of alcohol. This was a second-time DUI. Her blood alcohol content (BAC) was 0.18%.
Our client later entered into a plea bargain in the Long Beach Superior Court to a violation of Vehicle Code § 23152(b) on September 10, 2013.
The terms of the plea bargain were that our client was placed on five years of summary probation on the following terms and conditions: payment of a court fine of $450, plus penalties and assessments total due $2,052); perform and complete 15 days of community service; serve four days in county jail, and enroll in and complete the SB38 program, as well as the MADD Victim Impact Program.
Our client then complied with all terms and conditions of probation and it ended with the passage of five years on September 10, 2018.
In 2023, due to pressing employment concerns, our client called Greg Hill & Associates about expungement. She spoke with Greg Hill about her DUI conviction from ten years earlier and how she believed it was holding her back from higher-paying jobs. Greg then explained how expungement differed from sealing a record, but what the benefits of expungement under Penal Code § 1203.4 were.
Specifically, Greg explained how after a judge orders a plea withdrawn and a case dismissed (“expungement”), defendant had the legal right to respond to any inquiry about the case by stating that she had not been convicted of the crime, with certain exceptions. Those exceptions applied if one was applying for a state license, such as to become a licensed attorney or doctor, or if one was applying for a job with the state or federal government, or if one was applying to operate a state lottery.
The client said she wanted to retain us and then did so. Our office then prepared a judicial council form to request relief under Penal Code § 1203.4 and supplemented it with a short memorandum or points and authorities, including a signed declaration from the client explaining why she sought the relief requested. The memorandum also recited the facts of the case briefly.
The client’s declaration explained how the client, now age 35, has shown that she was committed to living in a positive, productive direction. She had lived a stable life since this conviction. She stated that she had worked hard and resolved never to make the kinds of mistakes that led to the conduct at issue.
However, she was currently unemployed as a software engineer. Her goal was to obtain a high-paying job to support herself, continue to live with her boyfriend, and continue to financially support her mother. The client was planning to apply for employment in Colorado. However, she knew it would be difficult, if not impossible, with her criminal history to find job opportunities. This had a crippling impact on the healing of her personal life, as well as her career.
She explained that not only was she missing employment opportunities, but if she was eventually employed without having this conviction expunged, she may be subject to a routine background check which would reveal this conviction and consequently, she may be fired and then not be able to find a job as a software engineer.
The motion further explained that our client did not realize when she entered her plea in this case that she could be denied employment opportunities due to the conviction. Having a conviction, in other words, affects her reputation in the short term and her life goals in the longer term.
Our office then filed the petition, along with the supplemental memorandum of points and authorities, including our client’s declaration, in the Long Beach Superior Court. Our office also served the petition to the Long Beach City Prosecutor’s Office.
The judge assigned to the case ruled on the motion in chambers, with no hearing at all. The judge granted the petition and mailed us the signed order two weeks later.
Our client later entered into a plea bargain in the Long Beach Superior Court to a violation of Vehicle Code § 23152(b) on September 10, 2013.
The terms of the plea bargain were that our client was placed on five years of summary probation on the following terms and conditions: payment of a court fine of $450, plus penalties and assessments total due $2,052); perform and complete 15 days of community service; serve four days in county jail, and enroll in and complete the SB38 program, as well as the MADD Victim Impact Program.
Our client then complied with all terms and conditions of probation and it ended with the passage of five years on September 10, 2018.
In 2023, due to pressing employment concerns, our client called Greg Hill & Associates about expungement. She spoke with Greg Hill about her DUI conviction from ten years earlier and how she believed it was holding her back from higher-paying jobs. Greg then explained how expungement differed from sealing a record, but what the benefits of expungement under Penal Code § 1203.4 were.
Specifically, Greg explained how after a judge orders a plea withdrawn and a case dismissed (“expungement”), defendant had the legal right to respond to any inquiry about the case by stating that she had not been convicted of the crime, with certain exceptions. Those exceptions applied if one was applying for a state license, such as to become a licensed attorney or doctor, or if one was applying for a job with the state or federal government, or if one was applying to operate a state lottery.
The client said she wanted to retain us and then did so. Our office then prepared a judicial council form to request relief under Penal Code § 1203.4 and supplemented it with a short memorandum or points and authorities, including a signed declaration from the client explaining why she sought the relief requested. The memorandum also recited the facts of the case briefly.
The client’s declaration explained how the client, now age 35, has shown that she was committed to living in a positive, productive direction. She had lived a stable life since this conviction. She stated that she had worked hard and resolved never to make the kinds of mistakes that led to the conduct at issue.
However, she was currently unemployed as a software engineer. Her goal was to obtain a high-paying job to support herself, continue to live with her boyfriend, and continue to financially support her mother. The client was planning to apply for employment in Colorado. However, she knew it would be difficult, if not impossible, with her criminal history to find job opportunities. This had a crippling impact on the healing of her personal life, as well as her career.
She explained that not only was she missing employment opportunities, but if she was eventually employed without having this conviction expunged, she may be subject to a routine background check which would reveal this conviction and consequently, she may be fired and then not be able to find a job as a software engineer.
The motion further explained that our client did not realize when she entered her plea in this case that she could be denied employment opportunities due to the conviction. Having a conviction, in other words, affects her reputation in the short term and her life goals in the longer term.
Our office then filed the petition, along with the supplemental memorandum of points and authorities, including our client’s declaration, in the Long Beach Superior Court. Our office also served the petition to the Long Beach City Prosecutor’s Office.
The judge assigned to the case ruled on the motion in chambers, with no hearing at all. The judge granted the petition and mailed us the signed order two weeks later.
We then shared the signed order with the client who was extremely happy.
