What Does It Mean to Expunge Your Record and What Are the Benefits?

Expunging your record is a process whereby you petition the court to remove an old conviction from your permanent criminal record. If the court agrees to your petition, you may expect an order for all agencies that maintain these records to delete any mention of the conviction. After the expungement process is over, it appears to employers and the general public as if you were never convicted of the crime. In many cases, even law enforcement won’t be able to see the conviction on your record.

One of the foremost benefits of expunging a DUI conviction from your permanent criminal record, besides having your DUI conviction sealed from public view, is that you have the right to deny under oath and without penalty of perjury that you were ever convicted of that offense. Likewise, most employment applications and residential rental agreements request criminal conviction information. After an expungement, your conviction won’t appear on these databases.

It’s important to note, however, that the record still appears in court databases, the Department of Motor Vehicles, and certain law enforcement agency files like those of the FBI, even after expungement. This means that your conviction may still be visible if you apply for a court, law enforcement, or United States military position. Nevertheless, the expungement process still seals your criminal record from the general public.  

How Does DUI Expungement Work in California?

As soon as you complete your probation after a DUI conviction, you may petition the court to expunge your record. Court paperwork might be tricky if you don’t know what you’re doing, and completing the paperwork properly is imperative if you wish to get your record expunged. You’ll also want to gather evidence to show the court why you deserve to have your record cleared. A judge then reviews your request to establish whether you’re eligible for an expungement. The success of your petition may hinge on whether or not you have an expert DUI expungement lawyer on your side.

If the judge ultimately grants your petition, you may either withdraw your plea of guilty or no contest and re-enter a plea of not guilty. If you were previously found guilty after a jury or bench trial, the judge may then set aside the verdict.

Who Is Eligible to Get a DUI Conviction Expunged in California?

Expungement may be available to anyone convicted of either a California misdemeanor or a California felony, provided that they successfully completed probation for the offense and they didn’t serve time in state prison. Note that if you served time in state prison but would have served in county jail following the implementation of “realignment” under Proposition 47.2, you may also be eligible for expungement.

In general, most California DUI convictions meet these requirements, though it’s important to discuss your eligibility with an expert California DUI expungement lawyer who may confirm whether or not you’re entitled to expungement.

Contact an Experienced DUI Defense Lawyer at the Aron Law Firm

If you’re interested in expunging your California DUI conviction, it’s imperative that you get in touch with legal professionals who may help review your case, gather evidence, and petition the judge. Fortunately, you don’t have to navigate this process alone. The expert lawyers at the Aron Law Firm, led by William M. Aron, are dedicated to protecting your rights by investigating your case in detail and building a robust expungement strategy. Our legal team is well versed in DUI expungement law in California and may help purge this blemish from your permanent criminal record. 

At the Aron Law Firm, our client-centered approach aims to make the legal process as uncomplicated as possible. To speak with a criminal defense attorney, schedule a consultation by calling (805) 500-7536 or completing our online contact form today.

What Are California’s First-Time DUI Laws?

You may be convicted of driving under the influence in California if you’re caught driving with a blood alcohol concentration (BAC) of .08 percent or higher. If you’re lawfully arrested for DUI, there may be administrative consequences such as a license suspension and fees regardless of whether you’re ultimately convicted of the crime. If you are eventually convicted of DUI, you may face additional criminal penalties. 

In a nutshell, the minimum punishment for a first-time DUI in California involves a $390 fine, court penalties and assessments, an outpatient alcohol awareness class, a minimum of 36 months of summary probation, and other possible conditions the court may deem appropriate. These additional penalties may include county jail time depending upon the county involved, the facts of the case, and the defendant’s prior criminal history.

A first-time DUI is a misdemeanor offense, unless someone is seriously injured or killed, at which point the prosecutor may charge the DUI as a felony. 

If you’re under the age of 21 at the time of your arrest, California has a zero-tolerance law whereby any measurable amount of alcohol in your system is a violation.

California’s 10-Day Rule

It’s important to understand that you are subject to a restriction known as the 10-day rule after a DUI in California. After your arrest, the responding officer may confiscate your license and provide you with a pink slip of paper—known as a Notice of Suspension—that allows you to drive unrestricted for 30 days. At this point, the DMV begins the process of suspending or revoking your license.

You have the right to contest the suspension if you wish to do so by contacting the DMV within 10 calendar days—including holidays and weekends—to schedule an administrative per se hearing. Failing to do so may result in an automatic license suspension after 30 days.

The California Legal Proceedings after a First-Time DUI Arrest

Like most states, California has two separate systems that penalize DUI. One system involves the courts and is meant to determine criminal penalties you may face if convicted. The other system involves the California Department of Motor Vehicles.

The Administrative Per Se Hearing

Before you head to trial, you may contest your suspension by contacting the DMV and requesting an administrative per se hearing, a proceeding which allows a driver to challenge the Department’s evidence against them. A license suspension may be set aside if the driver is successful.

If the DMV determines by a preponderance of the evidence that you had a BAC of .08 percent, the officer had cause to stop you, and the arrest was lawful, your driver’s license may be suspended for four months. Keep in mind that the California DMV may not fine a defendant or put them in jail; it may only suspend the defendant’s license.

A Hearing in a Criminal Court

After your hearing, you may face the court, which determines whether or not you are guilty of a criminal act. The imposed penalties handed down at the administrative per se hearing take effect regardless of the outcome of your criminal case. A court conviction for a first-time DUI in California triggers a six-month license suspension, which is added to any sanctions imposed by the DMV.

Contact an Experienced DUI Defense Lawyer at the Aron Law Firm

If you or a loved one is facing a DUI charge, it’s important that you speak with a trusted DUI defense attorney as soon as possible. The expert lawyers at the Aron Law Firm, led by former California Deputy District Attorney William M. Aron, are here to protect your rights by investigating your case in detail and building a robust defense. Our legal team is well versed in DUI defense law and may help you avoid the consequences that stem from this offense.

At the Aron Law Firm, we have experience protecting clients from a wide variety of criminal charges. We take a client-centered approach to help make the legal process as painless as possible. To speak with a criminal defense attorney, schedule a consultation by giving us a call at (805) 500-7536 or by completing our online contact form today.

How Long Are You Permitted to Drive after Being Arrested for a DUI?

When you are arrested for a DUI and receive an order of suspension or revocation, you may use your temporary license to drive for 30 days from the date of the order of suspension or revocation was issued. In order to continue to drive on the temporary license beyond 30 days, you must have requested a DMV hearing within 10 days of the date of your arrest.

If the DMV hearing is properly requested within 10 days, the temporary license continues to be valid through the outcome of the hearing. Once the DMV hearing has concluded and if a decision to suspend has been rendered, you must then apply for a restricted license for the period of your suspension or revocation in order to drive to and from work, school, and any court-ordered programs, such as DUI classes.

What Is a Restricted License after a California DUI, and How May You Obtain One?

A restricted license allows individuals to drive under special circumstances and is intended to allow drivers who would otherwise have their licenses completely suspended to continue to operate motor vehicles under specific contexts and where certain conditions are met. To obtain a restricted license, you must do the following:

Determine Whether You Are Eligible

To obtain a restricted license, you must first determine whether you are qualified for one. In some cases, the judge may directly tell you at sentencing that you may apply for a restricted license. If the judge does not address your eligibility, it is important to note that the only people who are ineligible for a restricted license are drivers who already had their license suspended or those who refused to take a chemical test after their arrest.

Install an Ignition Interlock Device

Prior to January 1, 2019, California drivers were required to complete a mandatory suspension—sometimes called a “hard suspension”—for a period of 30 days before they could get a restricted license. Today, you may immediately begin driving with restrictions after the installation of an ignition interlock device (IID). An IID, which is installed on the vehicle’s steering column, acts like a breathalyzer and requires a clean breath to start up the car and continue driving the vehicle. If the driver doesn’t blow an alcohol-free breath into the IID, the car will not start.

Enroll in DUI School and Other Court-Ordered Programs

The DMV may not agree to give you any driving privileges unless you comply with the terms of your sentence. The most basic requirement you must meet is to enroll in DUI traffic school, which comprises a series of classes that re-teach you to drive safely. Likewise, depending on your circumstances, some DUI sentences may require you to enroll in other programs, such as addiction treatment groups.

Apply for Your Restricted Driver’s License

Once you have finalized all of the required steps, you may apply for your restricted driver’s license at your local DMV office. Note that you don’t necessarily have to complete DUI school and other court-ordered programs before you may get a restricted license, but you must show proof of enrollment. You may also have to pay a small fee and purchase an SR-22 Form from a licensed insurance agent, which proves to the DMV that you are insured. 

A credible DUI lawyer may help you understand California law and the restricted licensure rules that apply to you based on the circumstances of your case.

Contact an Experienced DUI Defense Lawyer at the Aron Law Firm

If you or a loved one is facing a DUI charge, speak with a trusted DUI defense attorney as soon as possible. The expert lawyers at the Aron Law Firm are here to protect your rights, not only by helping you fairly obtain a restricted license but also by potentially reducing or completely eliminating your DUI charges altogether. Our legal team may investigate your case in detail and work to build you a robust defense. We are well-versed in DUI defense law and may help you avoid the consequences that stem from this offense.

At the Aron Law Firm, we understand what you are dealing with and have experience protecting clients from a wide variety of criminal charges. We take a client-centered approach to help make the legal process as painless as possible. To speak with a criminal defense attorney, schedule a consultation by giving us a call at (805) 500-7536 or by completing our online contact form today.

What Are California’s First-Time DUI Laws?

You may be convicted of driving under the influence in California if you’re caught driving with a blood alcohol concentration (BAC) of .08 percent or higher. If you’re lawfully arrested for DUI, there may be administrative consequences such as a license suspension and fees regardless of whether you’re ultimately convicted of the crime. If you are eventually convicted of DUI, you may face additional criminal penalties. 

In a nutshell, the minimum punishment for a first-time DUI in California involves a $390 fine, court penalties and assessments, an outpatient alcohol awareness class, a minimum of 36 months of summary probation, and other possible conditions the court may deem appropriate. These additional penalties may include county jail time depending upon the county involved, the facts of the case, and the defendant’s prior criminal history.

A first-time DUI is a misdemeanor offense, unless someone is seriously injured or killed, at which point the prosecutor may charge the DUI as a felony. 

If you’re under the age of 21 at the time of your arrest, California has a zero-tolerance law whereby any measurable amount of alcohol in your system is a violation.

California’s 10-Day Rule

It’s important to understand that you are subject to a restriction known as the 10-day rule after a DUI in California. After your arrest, the responding officer may confiscate your license and provide you with a pink slip of paper—known as a Notice of Suspension—that allows you to drive unrestricted for 30 days. At this point, the DMV begins the process of suspending or revoking your license.

You have the right to contest the suspension if you wish to do so by contacting the DMV within 10 calendar days—including holidays and weekends—to schedule an administrative per se hearing. Failing to do so may result in an automatic license suspension after 30 days.

The California Legal Proceedings after a First-Time DUI Arrest

Like most states, California has two separate systems that penalize DUI. One system involves the courts and is meant to determine criminal penalties you may face if convicted. The other system involves the California Department of Motor Vehicles.

The Administrative Per Se Hearing

Before you head to trial, you may contest your suspension by contacting the DMV and requesting an administrative per se hearing, a proceeding which allows a driver to challenge the Department’s evidence against them. A license suspension may be set aside if the driver is successful.

If the DMV determines by a preponderance of the evidence that you had a BAC of .08 percent, the officer had cause to stop you, and the arrest was lawful, your driver’s license may be suspended for four months. Keep in mind that the California DMV may not fine a defendant or put them in jail; it may only suspend the defendant’s license.

A Hearing in a Criminal Court

After your hearing, you may face the court, which determines whether or not you are guilty of a criminal act. The imposed penalties handed down at the administrative per se hearing take effect regardless of the outcome of your criminal case. A court conviction for a first-time DUI in California triggers a six-month license suspension, which is added to any sanctions imposed by the DMV.

Contact an Experienced DUI Defense Lawyer at the Aron Law Firm

If you or a loved one is facing a DUI charge, it’s important that you speak with a trusted DUI defense attorney as soon as possible. The expert lawyers at the Aron Law Firm, led by former California Deputy District Attorney William M. Aron, are here to protect your rights by investigating your case in detail and building a robust defense. Our legal team is well versed in DUI defense law and may help you avoid the consequences that stem from this offense.

At the Aron Law Firm, we have experience protecting clients from a wide variety of criminal charges. We take a client-centered approach to help make the legal process as painless as possible. To speak with a criminal defense attorney, schedule a consultation by giving us a call at (805) 500-7536 or by completing our online contact form today.

How Might a Domestic Violence Conviction Affect Me?

Domestic violence accusations may be frightening and intimidating. These cases may not only cause a rift in your family and close relationships but may also lead you to suffer from heightened levels of stress and anxiety about what may come next.

Fortunately, if you’re facing a domestic violence accusation, help is right around the corner. Acquiring the support of an experienced California domestic violence defense attorney should be your top priority. Besides helping you avoid hefty fines and jail time, a highly-rated lawyer may also help you sidestep the following negative effects that could derive from a domestic violence conviction.

Your Career and Finances

Perhaps one of the most frustrating realizations for those who have been convicted of domestic violence is that the punishment doesn’t end after they’ve served their time or completed their probation. Generally speaking, having a criminal record of any kind—particularly one involving a felony—may limit you from working at certain jobs.

A domestic violence conviction may affect any or all of the following job prospects:

• Public employment: After a conviction, you may find it challenging to hold any public service job such as teaching, nursing, a public office, or police work.
• General employment: Following a conviction, you may lose your current job, especially if it involves childcare, weapon handling, or transportation of dangerous materials.
• Professional licensing: A domestic violence conviction could lead you to squander any professional licenses that you have, which may prevent you from working your job.

If you have concerns about future employment prospects or losing your current job with a domestic violence conviction hanging over your head, our attorneys are here to help.

Your Emotional and Mental Health

It’s not uncommon for a domestic violence allegation to worsen your long-term emotional and mental health. Of course, existing mental health issues may also play a factor. Regardless of a person’s guilt or innocence, the stigma associated with a domestic violence charge may cause anxiety, depression, and other emotional issues that may last for years after the arrest itself.

It’s vital, in this case, to effectively and constructively deal with the effects of your domestic violence charge. This may include self-care, being honest with yourself, and working to rebuild trust. Try to nurture good habits of care while your case is in process. This might include eating right, exercising, getting enough sleep, and talking to loved ones and therapists.

Your Voting Rights and Gun Ownership

If your conviction is a felony, you’ll lose the right to vote—at least until you’ve completed all terms of your sentencing including probation, parole, and restitution. Likewise, California and federal law both prohibit people with domestic violence convictions from possessing guns. The loss of gun rights may also come at the beginning of the case before you are even convicted.

If you’re convicted of a felony offense, you are prohibited for life from possessing a gun in California. If you’re convicted of a misdemeanor offense, you are barred from possessing a gun for 10 years. Most misdemeanor domestic violence convictions carry a 10-year ban; however, a misdemeanor conviction of PC 273.5 may carry a lifetime ban. After this 10-year period has concluded, your right to possess a gun is automatically restored.

Child Custody

A domestic violence charge may disrupt the connection you have with your children, even if the alleged violence wasn’t directed at them. According to the California legislature, it’s detrimental to a child if domestic violence or abuse is perpetrated in the child’s home. As a result, California courts have the right to take custody and visitation rights away from you in the wake of a domestic violence charge.

Contact an Expert California Domestic Violence Defense Attorney

If you or a loved one is facing a domestic violence charge, it’s important that you speak with a trusted domestic violence defense attorney. The expert lawyers at the Aron Law Firm, led by William M. Aron, are here to protect you against your accuser by investigating your case in detail and building a robust defense. Our legal team is well-versed in domestic violence defense law and may help you avoid the consequences that stem from this offense.

At the Aron Law Firm, we understand and have experience protecting clients from a wide variety of criminal charges. We take a client-centered approach to make the legal process as painless as possible. To speak with a criminal defense attorney, schedule a consultation by giving us a call at (805) 500-7536 or by completing our onlinecontact form today.

How Do DUI License Suspensions Work After a First-Time DUI?

First and foremost, it’s important to understand that if you’ve been arrested for driving under the influence in California, you’re subjected to a restriction known as the 10-day rule. After your arrest, the responding officer may confiscate your license and provide you with a pink slip of paper—known as a Notice of Suspension—that allows you to drive unrestricted for 30 days. At this point, the DMV begins the process of suspending or revoking your license.

Like most states, California has two separate systems that penalize DUIs. One system involves the courts and is meant to determine what criminal penalties you’ll face if convicted. The other system involves the California Department of Motor Vehicles.

The Administrative Per Se Hearing

Before you head to trial, you have the right to contest the suspension by contacting the DMV within 10 calendar days—including on holidays and weekends—to schedule an Administrative Per Se Hearing. Failing to do so would result in an automatic license suspension after 30 days. This hearing is meant to determine if the driver had a 0.08 percent blood alcohol content or higher, whether the officer had reasonable cause to stop the driver, and if the arrest was lawful. It’s important to note that you’ll automatically lose your driving privileges if you don’t fight the charges at this hearing.

If the DMV determines beyond a reasonable doubt that you had 0.08 percent blood alcohol content, the officer had cause to stop you, and that the arrest was lawful, your driver’s license may be suspended for four months. Keep in mind that the California DMV may not fine a defendant or put them in jail; it may only suspend the defendant’s license.

A Hearing in a Criminal Court

Some time after your hearing, you’ll face a court which determines whether or not you are guilty of a criminal act. Note that the imposed penalties handed down at the Administrative Per Se Hearing take effect regardless of the outcome of your criminal case. That means that you may lose your license to the DMV without even being found guilty of drunk driving. Likewise, a victory at a DMV hearing has no direct effect on your DUI court proceedings.

A court conviction for a first-time DUI in California triggers a six-month license suspension, which is on top of any sanctions imposed by the DMV. However, if two suspensions are imposed, the court often allows them to overlap, meaning that the driver won’t have to endure two full suspensions.

How May You Fight a DUI License Suspension After a First-Time DUI?

This Administrative Per Se Hearing is your first chance to fight any potential suspension. Having an experienced attorney by your side may be critical to your success. They may argue the following:

• The officers didn’t have probable cause to arrest you
• The arrest was illegal
• Your blood alcohol level was not over the legal limit of .08%
• The officers didn’t warn you that refusing a blood or breath test is a crime
• You weren’t driving the car

At the criminal court hearing, your DUI license suspension lawyer may put forth the same arguments. Additionally, they may seek a restricted license on your behalf that would allow you to drive to and from places like work and school. The restricted license requires the use of an ignition interlock device but allows the motorist to start driving right away.

Contact an Experienced DUI Defense Lawyer at the Aron Law Firm

If you’ve been arrested for driving under the influence and are worried about losing your license, act quickly and contact an attorney following your arrest. At the Aron Law Firm, we know how frustrating and hopeless at DUI arrest can feel, which is why our goal is to make this process go as smoothly as possible. Our highly trusted legal team understands the ins and outs of California DUI defense law and will be with you every step of the way. 

The Aron Law Firm, led by William M. Aron, has experience defending countless clients against these types of charges and may help you get the best results possible for your situation. Mr. Aron has substantial experience with a broad variety of criminal cases and takes a client-centered approach to make the legal process as straightforward as possible.

Our DUI defense attorneys in Santa Barbara are ready to protect you and guard your rights. Give us a call at (805) 500-0867 or complete our contact form today.

They Clash in Personality with You

Your lawyer may have the best credentials in the world, but if you can’t stand being around them, you’re unlikely to find success at trial. Keep in mind that you may be going into a legal battle with this person by your side, so you need to be able to sit in the same foxhole with them. Court cases and legal matters are stressful, no matter how minor they may seem. Ultimately, you need a lawyer who is professional and calms your fears or worries throughout the legal process. You may be able to sniff out an attorney’s personality by reading reviews and gauging their character and temperament during your initial consultation.

They Fail to Communicate Properly

Poor communication between a lawyer and their client may make or break the outcome of a case. Does your lawyer return all of your calls and emails within twenty-four hours? Do you get the sense that your concerns are important to them? If you have a preferred form of communication, convey that to your lawyer. If you discover that your questions aren’t being answered or that you’re being pushed to communicate in a way that isn’t comfortable for you, it may be time to consider finding a new lawyer.

They Have No Enthusiasm or Empathy for Your Case

The best professionals in the business care about their clients. After all, they’ve been hired to fight for you and your rights. The better they understand and empathize with you, the better they’ll be able to communicate that pain and suffering to a jury if your case goes to trial. Like any job, some days are more stressful or tiring than others, but good lawyers are always right there with you. If your lawyer isn’t enthusiastic about your case or seems hesitant, that should raise some red flags.

They Seem Incompetent

Incompetence, in this case, is the inability to represent you successfully throughout the legal process. This could include failing to be on time, lacking decisiveness, exhibiting disrespectful behavior, not understanding the law, and even demonstrating unethical or illegal behavior. In California, all lawyers are bound by the Rules of Professional Conduct. If your lawyer has broken one or more of these rules, they may be fined and lose their license to practice law.

If you notice that no plans of action have been set into motion, no court dates have been scheduled, no back-and-forth has been executed with the other party, and no new information is coming in, it’s time to hire someone else.

They Have No Record of Success

Hiring an attorney is an investment, which is why it’s important to choose someone with a record of professional wins. Look at their website and reviews from previous clients. During your initial consultation with this particular lawyer, find out how many cases similar to yours have been prosperous.

For many people, hiring an attorney is an expensive sacrifice of time and money. You should expect your case to be argued effectively based on a track record of previous success.

Contact an Experienced Criminal Defense Lawyer at The Aron Law Firm

If you’re a defendant in a criminal trial and you feel like you may have hired a shady, frustrating, or otherwise incompetent lawyer, it’s not too late to find new representation. The expert attorneys at the Aron Law Firm should be your first stop.

Our legal team serves to protect you against your accusations by investigating your case in detail and building a robust defense. We’re well versed in protecting clients from a wide variety of criminal charges and are dedicated to helping them avoid the consequences that stem from their offense.

Our firm has substantial experience with a broad variety of criminal cases and takes a client-centered approach that will help make the legal process as painless as possible. To speak with a criminal defense attorney, schedule a confidential consultation by giving us a call at (805) 500-0867 or by completing our online contact form.