Q: Completing form CR-180 for a felony DUI. If I’m looking to expunge this, how would I do that?
Is this a 2 part process? Felony to misdemeanor then misdemeanor to infraction?
A:
It is a two part process but fortunately the form includes this language: 8. Petitioner requests that the eligible felony offenses listed above be reduced to misdemeanors under Penal Code section 17(b)
and eligible misdemeanor offenses be reduced to infractions under Penal Code section 17(d)(2). You may want to circle that and remind the court of this at the time of your hearing. The petition must be served on the DA and probation department 15 days before the court hearing.
A:
The short answer is that you can do it all on the CR-180 form available online. There is a box to check to "Reduce Felony to Misdemeanor PC17(b)" that you should check. For DUIs, certain jurisdictions require a showing of "Good Cause" meaning why you need the charge to be "expunged." You either got a Felony DUI due to someone being injured or too many prior convictions within 10 years, so make sure you fill in the charge correctly. You will then fill it out and serve it on the DA's office and then file it with the Criminal Clerk's office at the Courthouse where you were convicted along with proof of service on the prosecutor and either a filing fee or a Waiver form.
If your probation was successfully completed and you explain why you need the Petition to Dismiss granted, you have a good chance. It usually takes 6 to 8 weeks. If you had any Violations of your Probation, you may want to retain an attorney to file an actual motion explaining the violation and why you still deserve to be granted this post conviction relief. This may also be the case if your Felony was aggravated in any way. If you are still on Probation you will have to also make a Motion for Early Termination before filing your 1203.4 Petition.
You should also understand that the Conviction will still have to be revealed if you are applying for any state professional license, run for office or apply to work at the Lottery! For most job applications, once the Petition is granted, you can say that you were not convicted in this case and it should not be reported in any background searches. While the conviction will still be there, the last entry will show that your plea was withdrawn and the case dismissed.
Many Public Defender's offices used to provide monthly clinics on these; i am not sure if they still are due to Covid.
Good luck!
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