Discretionary Expungement

California Penal Code section 1203.4
If you have a misdemeanor conviction for any of the offenses listed below the judge does not have to grant the expungement, but will use his/her discretion to determine if it is in the interest of justice to grant it.

At Proper Defense we will work with you to prepare documentation to support a determination that the dismissal would be in the interest of justice if you have a conviction for one of the following offenses:

 

  • Failure to stop in the event of an accident in violation of California Vehicle Code sections 20001 or 20002;
  • DUI in violation of Cal Penal Code Sections 23152 or 23153;
  • Reckless Driving 23103;
  • Vehicular Manslaughter while intoxicated in violation of Penal Code section 191.5 (b);
  • Vehicular Manslaughter in violation of Penal Code Section 192 (c);
  • Fleeing an officer in willful or wanton disregard for the public safety in violation of California Vehicle Code section 2800.2;
  • Willful flight form an officer that results in serious bodily injury to a person in violation of Vehicle Code section 2800.3;
  • Driving a vehicle across a divided highway in violation of Vehicle Code section 21651 (b);
  • Driving a vehicle on a highway at a rate of speed exceeding 100 mph in violation of Vehicle Code section 22348(b);
  • Engaging in a motor vehicle speed contest in violation of Vehicle Code section 23109(a)
  • Engaging in or aiding or abetting a motor vehicle exhibition of speed on a highway in violation of Vehicle Code section 23109(c);
  • Engaging in an exhibition of speed that results in injury in violation of Vehicle Code section 23109.1;
  • Transporting or allowing your vehicle to be used to transport explosives without proper in violation of Vehicle Code section 31602;
  • Driving a vehicle while being under the age of 21 and under the influence of .05 percent alcohol or more in violation of Vehicle Code section 23140 (a) or (b);
  • Driving with a suspended or revoked license in violation of Vehicle Code sections 14601, 14601.1, 14601.2, or 14601.5;  and
  • Being designated a habitual traffic offender in violation of Vehicle Code section 14601.3.
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