Information You Need When Facing a DUI Charge in California(916) 629-4529
Sacramento Expungement Lawyer
I've just been arrested for DUI. What happens now?
Confiscated Driver License
Suspension and Temporary License
What is a Notice of Suspension Hearing
Driving Privilege
Suspended After Chemical Test?
Restricted License
The officer stated I refused to take a chemical test. What does this mean?
Driving Privilege Suspended For Not Taking The Chemical Test?
Is a DMV Suspension or Revocation Different than the Court's?
Linda Louder, Founding Attorney and sponsor of SacDUI.com
Placer County
Sacramento County
San Diego County
Yolo County
Expunge Your Record
The Legal Process - What does a DUI attorney do?
Bailing Out - How to select a Bail Bond Agent
The DMV and You - How to protect your right to drive.
Your Auto Insurance - Should I call my Insurer?
Your Employer - Should I notify my employer of a DUI?
DUI and Immigration - I'm not a citizen!
Your Future - How can this affect my life?
Your Health - Do I have a bigger problem?
Resource and Reference - Numbers to know.
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California Labor Code Section 432.7
(a) No employer, whether a public agency or private
individual or corporation, shall ask an applicant for employment to
disclose, through any written form or verbally, information
concerning an arrest or detention that did not result in conviction,
or information concerning a referral to, and participation in, any
pretrial or posttrial diversion program, nor shall any employer seek
from any source whatsoever, or utilize, as a factor in determining
any condition of employment including hiring, promotion, termination,
or any apprenticeship training program or any other training program
leading to employment, any record of arrest or detention that did
not result in conviction, or any record regarding a referral to, and
participation in, any pretrial or posttrial diversion program. As
used in this section, a conviction shall include a plea, verdict, or
finding of guilt regardless of whether sentence is imposed by the
court. Nothing in this section shall prevent an employer from asking
an employee or applicant for employment about an arrest for which the
employee or applicant is out on bail or on his or her own
recognizance pending trial.
California Penal Code Section 1203.4
(a) In any case in which a defendant has fulfilled the
conditions of probation for the entire period of probation, or has
been discharged prior to the termination of the period of probation,
or in any other case in which a court, in its discretion and the
interests of justice, determines that a defendant should be granted
the relief available under this section, the defendant shall, at any
time after the termination of the period of probation, if he or she
is not then serving a sentence for any offense, on probation for any
offense, or charged with the commission of any offense, be permitted
by the court to withdraw his or her plea of guilty or plea of nolo
contendere and enter a plea of not guilty; or, if he or she has been
convicted after a plea of not guilty, the court shall set aside the
verdict of guilty; and, in either case, the court shall thereupon
dismiss the accusations or information against the defendant and
except as noted below, he or she shall thereafter be released from
all penalties and disabilities resulting from the offense of which he
or she has been convicted, except as provided in Section 13555 of
the Vehicle Code. The probationer shall be informed, in his or her
probation papers, of this right and privilege and his or her right,
if any, to petition for a certificate of rehabilitation and pardon.
The probationer may make the application and change of plea in person
or by attorney, or by the probation officer authorized in writing.
However, in any subsequent prosecution of the defendant for any other
offense, the prior conviction may be pleaded and proved and shall
have the same effect as if probation had not been granted or the
accusation or information dismissed. The order shall state, and the
probationer shall be informed, that the order does not relieve him or
her of the obligation to disclose the conviction in response to any
direct question contained in any questionnaire or application for
public office, for licensure by any state or local agency, or for
contracting with the California State Lottery.
Dismissal of an accusation or information pursuant to this section
does not permit a person to own, possess, or have in his or her
custody or control any firearm or prevent his or her conviction under
Section 12021.
(a) No employer, whether a public agency or private
individual or corporation, shall ask an applicant for employment to
disclose, through any written form or verbally, information
concerning an arrest or detention that did not result in conviction,
or information concerning a referral to, and participation in, any
pretrial or posttrial diversion program, nor shall any employer seek
from any source whatsoever, or utilize, as a factor in determining
any condition of employment including hiring, promotion, termination,
or any apprenticeship training program or any other training program
leading to employment, any record of arrest or detention that did
not result in conviction, or any record regarding a referral to, and
participation in, any pretrial or posttrial diversion program. As
used in this section, a conviction shall include a plea, verdict, or
finding of guilt regardless of whether sentence is imposed by the
court. Nothing in this section shall prevent an employer from asking
an employee or applicant for employment about an arrest for which the
employee or applicant is out on bail or on his or her own
recognizance pending trial.
California Penal Code Section 1203.4
(a) In any case in which a defendant has fulfilled the
conditions of probation for the entire period of probation, or has
been discharged prior to the termination of the period of probation,
or in any other case in which a court, in its discretion and the
interests of justice, determines that a defendant should be granted
the relief available under this section, the defendant shall, at any
time after the termination of the period of probation, if he or she
is not then serving a sentence for any offense, on probation for any
offense, or charged with the commission of any offense, be permitted
by the court to withdraw his or her plea of guilty or plea of nolo
contendere and enter a plea of not guilty; or, if he or she has been
convicted after a plea of not guilty, the court shall set aside the
verdict of guilty; and, in either case, the court shall thereupon
dismiss the accusations or information against the defendant and
except as noted below, he or she shall thereafter be released from
all penalties and disabilities resulting from the offense of which he
or she has been convicted, except as provided in Section 13555 of
the Vehicle Code. The probationer shall be informed, in his or her
probation papers, of this right and privilege and his or her right,
if any, to petition for a certificate of rehabilitation and pardon.
The probationer may make the application and change of plea in person
or by attorney, or by the probation officer authorized in writing.
However, in any subsequent prosecution of the defendant for any other
offense, the prior conviction may be pleaded and proved and shall
have the same effect as if probation had not been granted or the
accusation or information dismissed. The order shall state, and the
probationer shall be informed, that the order does not relieve him or
her of the obligation to disclose the conviction in response to any
direct question contained in any questionnaire or application for
public office, for licensure by any state or local agency, or for
contracting with the California State Lottery.
Dismissal of an accusation or information pursuant to this section
does not permit a person to own, possess, or have in his or her
custody or control any firearm or prevent his or her conviction under
Section 12021.
Recent Expungment News
NOVEMBER 11, 2009
More Job Seekers Scramble To Erase Their Criminal Past
U.S. job seekers are crashing into the worst employment market in years and background checks that reach deeper than ever into their pasts.
The result: a surge of people seeking to legally clear their criminal records.
If your California felony, misdemeanor or wobbler is keeping you from answering "No" to questions on employment, rental or loan applications, the expungement attorney at Louder Law Group can help.
NOVEMBER 11, 2009
More Job Seekers Scramble To Erase Their Criminal Past
U.S. job seekers are crashing into the worst employment market in years and background checks that reach deeper than ever into their pasts.
The result: a surge of people seeking to legally clear their criminal records.
If your California felony, misdemeanor or wobbler is keeping you from answering "No" to questions on employment, rental or loan applications, the expungement attorney at Louder Law Group can help.
California State Law states that you may be eligible if:
-
You were convicted of a misdemeanor and have successfully completed probation
-
You were convicted of a wobbler and obtained probation, and you successfully completed that probation
- You were convicted of certain felony offenses
Our Sacramento County expungement attorneys can
assist you with reducing felonies to misdemeanors, expunging
misdemeanors and obtaining certificates of rehabilitation.
If you're ready for help in clearing your record, call a Sacramento expungement lawyer at Louder Law Group for affordably priced personal legal service in expungements, felony reductions and certificates of rehabilitiation.
Let us help you clear your record. Call today for a FREE consultation.
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Louder Law Group (916) 492-1800
