Milpitas DUI Expungement Service
Expunge a DUI in the City of Milpitas, California
DUI convictions lead to a criminal record and those convicted have to deal with the immediate and long term implications, some of which can be severe. It is hence imperative for all convicted of driving under influence to consider DUI expungement service in Milpitas, California.
How to Expunge a DUI in Milpitas, California
The first step is to appoint an experience DUI lawyer in Milpitas. Many people are not even aware that their convictions can be expunged. It is commonly believed that a criminal conviction record is permanent. It is true that some cases are not eligible for expungement or expunction but others are and one of our astute DUI lawyers in Milpitas can definitely assess that possibility and help you get the essential relief.
DUI offenses and convictions are regulated by the California Vehicle Code. The strict law has provision for severe penalties, jail term and probation. A criminal conviction can lead to ramifications in personal and professional spheres with financial loss, imprisonment, limited employment opportunities and inability to avail a few crucial services. The criminal justice system in the state of California has a tendency to deal with driving under influence offenses in a stringent manner. It is always better to avert a conviction. If convicted, it is absolutely necessary to consider DUI expungement service in Milpitas.
There is a provision in the law that paves the way to expunge a DUI. The Penal Code 1203.4 PC stipulates the necessary conditions based on which an expungement hearing is assessed. Our lawyers can look into the merits and demerits of your case, study the evidence and the sentencing, explore the possibility of having the conviction expunged and accordingly prepare a plea for the court to accept and contemplate upon.
Prerequisites to Expunge a DUI Record in Milpitas
Expunction or expungement is a post conviction relief. It does not apply to cases that are still pending or in trial. It does not apply to those who have not been convicted. Our DUI expungement service in Milpitas can get your conviction record erased or eliminated. The conviction could also be reduced in cases where an erasure or elimination is not possible. Both these options are available and the facts of the case will determine which one is more relevant or practically achievable.
One of the prerequisites of DUI expungement in Milpitas is conviction and the second is completion of probation. Those convicted who have completed their probation as sentenced by a court for their driving under influence offense and subsequent conviction will be eligible to expunge the DUI sentence. If the judge accepts the expungement request then the convicted person can withdraw the guilty plea or nolo contendere, which is no contest. Subsequently the person reenters into a not guilty plea. If the court or a jury had found the person to be guilty and the sentence is served, then the verdict is set aside if the expungement request is accepted by a judge.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Milpitas
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Important Factors that Influence DUI Expungement in Milpitas, California
Not every conviction is eligible for consideration and a court or a judge may not expunge a DUI verdict. The cases that do qualify will also have to be assessed further. There are many influencing factors in DUI expungement. If the offense was committed when a person was a juvenile and the verdict was handed subsequently, then it is somewhat easier to expunge a DUI. A person who was an adult at the time of the offense and subsequent conviction may also request for DUI expungement in Milpitas but the severity of the crime will become an influencing factor.
There are two types of driving under influence offenses or charges in a broader sense. One is a felony and the other is a misdemeanor. The latter is a much lesser crime and a judge is more likely to set aside a verdict for the same. A felony is a serious crime and it takes a deft and resourceful DUI lawyer in Milpitas to work on expungement of such verdicts. The exact nature of the verdict will also become important. Whether or not a prison term was mandated, if there was probation and for how long, the extent of damage caused if there was any in case an accident occurred due to driving under influence and other consequences are taken into account.
You need a knowledgeable, reputable and reliable DUI lawyer in Milpitas who specializes in expungement. There are some lawyers in the city and across the state who can offer you legal counsel but may not be effective at trials. You need a trial lawyer when you are defending against charges of driving under influence. Likewise, you need a DUI expungement lawyer in Milpitas to get the verdict set aside or reduced by a judge. Your choice of lawyer will become an influencing factor when you choose to expunge a DUI.
Chances of Getting a DUI Expunged in Milpitas, CA
A talented criminal defense lawyer in Milpitas will be able to assess the case properly and determine if it can be expunged or not. It is not possible to expunge a DUI in every situation, but as successful DUI lawyers, we will be able to achieve post-conviction relief oftentimes.
Get Your Milpitas DUI Records and Drunk Driving Criminal Record Expunged
The chances of getting a DUI expunged in Milpitas vary from case to case. Experienced lawyers can prepare a petition according to the strengths and weaknesses of the case and the verdict. Anyone charged and then convicted of DUI felony or misdemeanor has the right to opt for expungement. It is usually after the successful completion of probation, as rule by a court. Those who did not serve any time in a state prison or county jail will find it easier to get a DUI expunged. This is again why averting a guilty verdict and hence conviction is always better. Those who are charged for other offenses and may have one or more criminal records at the time of considering DUI expungement in Milpitas will have a harder time to convince a judge to set aside a verdict.
The chances of getting a DUI expunged are high. You should immediately contact our lawyers in Milpitas to get a DUI expunged. Our specialist lawyers will assess your case and prepare a petition. After your DUI is expunged, the court will set aside the verdict or reduce the sentence and notify the Department of Justice. You can have a criminal conviction record sealed and effectively removed.
Milpitas DUI Defense Attorney