Steps to get DUI Dismissed

DUI convictions can result in serious criminal penalties. A DUI conviction can continue to inflict additional consequences even after you’ve served your time and paid the necessary fees.

For instance, having a DUI conviction on your record can lead to an increase in your insurance rates, inability to secure certain jobs, and denials of housing applications. 

Therefore, California law allows you to get your DUI “dismissed” and wiped off of your criminal record after the completion of your sentence.

If you need to get a DUI conviction off your record, contact the Law Office of Mark Greany today for a free consultation.

Who Qualifies to Have Their DUI Dismissed?

Individuals with a misdemeanor DUI conviction can petition to get the DUI dismissed after completing his or her probation sentence.

Individuals with felony DUI convictions can also petition to have their DUI charge dismissed after completion of probation, as long as the person either:

  • – Did not serve time in state prison for the conviction; or
  • – The state prison sentence you served was before California’s realignment law took effect — and had you been sentenced post-realignment, you would have served your sentence in a county jail or “local prison.” If this is true, your state prison time is disregarded (for dismissal purposes) and you are eligible for dismissal, just as if you’d never served state prison time.

If your petition is granted, the court replaces your plea of guilty or no contest with a not guilty plea. If you received a guilty verdict, the court replaces the guilty verdict with the dismissal.

Then, the court dismisses your case. While the process seems simple enough, California does not require courts to grant DUI dismissals, even if the party petitioning for the dismissal satisfies all of the requirements. The court holds complete discretion over whether or not to grant the petition for dismissal.

If you’re not sure whether you qualify to have your DUI conviction dismissed, a qualified DUI dismissal attorney can help you find the answer.

Does My DUI Conviction Disappear After Dismissal?

No, obtaining a dismissal does not completely remove the DUI from your permanent record. Rather, it replaces your previous DUI conviction with a DUI dismissal.

For practical purposes, that means that some people can still find out about your DUI charge, but in other situations, you can freely state that you don’t have any prior criminal convictions.

Even if you get your DUI conviction dismissed, it can still be used against you in some situations, such as:

  • – Obtaining a state or local license;
  • – Legally owning a firearm;
  • – Reinstating a suspended license; and
  • – When pursuing public office.

Additionally, your dismissed DUI charge counts as a prior conviction if the state convicts you of another criminal violation in the future.

Need Help with a DUI Dismissal in San Diego?

At the Law Office of Mark Greany, we understand that a DUI conviction can seriously hamper the daily lives of our clients. By obtaining a dismissal, you can open up a whole world of new opportunities.

Attorney Mark Greany has extensive experience obtaining DUI dismissals for his clients. If you’re ready to get your DUI conviction off your record, contact the Law Office of Mark Greany today. 

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Mark Greany

Mark Greany has been practicing law since 1995 and is the founding partner of the Law Office of Mark Greany. You can learn more about Mark and his accomplishments by clicking here.

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