Is it possible to get my DUI probabtion overturned?

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Is it possible to get my DUI probabtion overturned?

I would like to know if it is possible to have my DUI probation overturned. This was my first offense and was put on an unsupervised 3 year probation. I am trying to get a job that requires me to be off probation and I am really trying to find any sort of help that can get me to where I need to be.

Asked on June 25, 2012 under Criminal Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

Overturning is when a higher court tells a lower court they were wrong.  Expungement is when a conviction is wiped from the record.  California does not use the lingo expungement, but rather uses the term dismissal.  You can file two separate forms with the court and have a hearing at which a judge will determined if you are eligible to have the conviction dismissed.  However, even though a conviction was dismissed, you are still required to report your conviction on any employment application--however under federal law employers are not supposed to take dismissed convictions into account when hiring you.

If you are still on probation the court will probably not dismiss the charges.  Having all of your fines paid, alcohol school completed etc. will help your argument.

You have to file the CR-180 (http://www.courts.ca.gov/documents/cr180.pdf)

You have to file the CR-181 (http://www.courts.ca.gov/documents/cr181.pdf)

If you are still on Probation, you have to fill out the MC-031 (http://www.courts.ca.gov/documents/mc031.pdf), describing why the dismissal is in the interests of justice even though you are still on probation.

 

If you are still on probation, I would meet with the probation department and request your probation be terminated early (must have paid all fees/restitution/fines).  That will be your best bet.

 


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