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NO MORE AUTOMATIC EXPUNGEMENTS FOR DUI AND OTHER DRIVING CASES

By Walin & Klarich

Under current law, a person who is convicted of most crimes, and who is placed on probation, and who completes his or her probation successfully, has a right to have his or her conviction dismissed or ?expunged? from his or her record. (Pen. Code, § 1203.4, subd. (a).) Under the law, so long as the defendant successfully complies with all terms of probation for the entire period of probation, the court has no discretion to deny the defendant?s application to expunge the conviction. However, starting January 1, 2008, a defendant convicted of DUI, reckless driving, or hit and run driving, even if the defendant complies with probation for the entire period thereof, no longer has the ability, as a matter of right, to secure an expungement. (Pen...continue to full post

Full post as published by Southern California Criminal Defense Blog on March 26, 2008 (boomark / email).