Post Conviction Relief
Many California drivers convicted of driving under the influence are under the impression that once an offense has been put on an individual’s driving record, nothing can be done about it. However, certain types of convictions are subject to removal from an individual’s criminal record through a process known as post-conviction relief. The Law Office of Robert Tayac has years of experience with post-conviction relief and has provided favorable assistance to countless numbers of California drivers convicted of DUI.
Whether a charge is able to be removed from an individual’s record depends on the type of conviction and the punishment that the individual was sentenced to. Criminal convictions in California are separated into three separate categories, including, felonies, misdemeanors, and “wobblers”. “Wobblers” are offenses that can be charged as either a felony or a misdemeanor, but that are typically pursued as felonies.
Once an individual has completed their court mandated informal probation, a criminal defense attorney is eligible to request a reduction of charges on behalf of their client. The only felonies that are eligible for reduction are “wobblers”. If the attorney’s request is approved by the court, the conviction will then be treated as a misdemeanor for purposes of post conviction relief. However, the original charge will still be treated as a felony in any subsequent criminal action.
If an individual has not completed their court mandated probation, the individual’s defense attorney may be able to request a modification of probation from the court that issued the conviction so that post conviction relief can be pursued. In order to do this, the court must determine whether the early termination of probation is warranted by the driver’s good conduct and whether the interests of justice would still be served if probation was to be terminated early. Before the court can even consider granting early termination of probation, all fines and restitution must be paid in full by the individual.
The process of expungement is another potential option for individuals who have been convicted of driving under the influence. The possibility of expungement depends on the age of the individual who committed the crime, whether the conviction was for a misdemeanor or a felony, whether probation was granted, and whether a term in state prison was mandated. The Law Office of Robert Tayac has been successful in obtaining post conviction relief for countless clients convicted of DUI over the past decade. This post conviction relief can have a profound impact on the housing opportunities, job prospects, and lifestyle choices that many clients would have never thought possible.
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