Can I expunge a California DUI? – DUI Law Questions and Answers
Can I expunge a California DUI? – DUI Law Questions and Answers
Many felony, misdemeanor and infraction convictions [including DUI] can sometimes be ‘expunged’ from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not clear, ‘remove’ or erase the conviction, but merely changes the record to show ‘conviction reversed and dismissed by expungement’.
When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a ‘prior’ or ‘strike’ for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction.
If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you’ll need. The fees and costs are reasonable, in the range of an hour or two of attorney time, and the process takes from a few weeks to several months, depending upon the court system and its backlog.
In Texas please refer to this website
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Distracted driving a serious safety concern
Distracted driving a serious safety concern
Distracted, or inattentive driving, is on the rise. It seems like there is no end to the electronic toys available to pull us away from that oh-so-boring task of keeping our eyes on the road. It’s become enough of a problem that the U.S. Department of Transportation has a website dedicated just to this problem – www.distraction.gov. Or visit our website here
There is an archived summit webcast on the site that informs us:
Find more info here:
States continue to recognize the problem and create laws specifically designed to ticket cell phone users and other types of distraction offenses.
Distracted driving killed more than 5,000 people last year and is blamed for 1.5 million injuries.
Between 2005 and 2009 there was a 10 to 16% increase in fatalities associated with distracted driving, while overall fatalities fell to the lowest level since 1950.
Those under 20 are much more likely to drive distracted.
The take home message seems to be that cars in general are becoming safer, but some drivers are getting dumber. If dumber seems too strong, remember these people are traveling up to 70+ miles per hour and trusting to luck. It has to be luck, because for those seconds (as many as five or ten) they are not paying attention, no one is really driving.
How far does a car travel at even 60mph in five seconds? The car travels 440 feet; more than a football field. Now add to that the time it takes to stop when they realize there is a problem… no wonder the statistics are up.
It isn’t just an expressway danger
Low speed and tragically stupid accidents are a consequence of distracted driving as well. Even at relatively low speeds. One car maybe stopped at a light or a stop sign, completely legal and seemingly safe… and another car just runs right into them. Another distracted driver on a cell phone; or doing their makeup; or even changing outfits – the ways we come up with to cause an accident are amazing.
Next time you are out in city traffic take a look at all the other drivers chatting away or eating lunch while they drive. Billings is a good place to look because Montana has no distracted driving laws on the books.
If you are a passenger in a distracted driver situation, offer to answer calls or switch places so the driver can chit-chat, eat, or do whatever it is that is putting both of your lives in danger. If you don’t act, you are agreeing to ride in a car where, in essence, no one is really driving at all. Good luck with that.