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Removing a public-intox post-DUI

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YODC

Junior Member
California

Hello! Thank you for this great forum as many of us are financially unable to just call a lawyer and receive help. This particular case actually involves a potential job and would be very necessary for income.

My roommate was charged with public intoxication after he mistakenly tried to enter the wrong household while drunk. He obviously had no harmful intentions. He was charged and convicted (I don't believe he even fought it). Almost 1 year later he received a DUI and his probation was re-instated due to the DUI being within 1 year. These were about 5-6 years ago. Now, he has nothing further on his record and was seeking a really great job. They did a background check and saw the offenses. They have given him the chance to have the public-intoxication removed from his record and then he'll gain employment. He interviewed with various ppl and they all really wanted him on the team, so they were bummed to find this. This job could be life changing for him and I am trying to do all I can to help.

Is it going to be possible to get these removed (not the DUI, but the public intoxication and probation) from his record and how would he go about doing so?

Thank you,
Daniel
 


quincy

Senior Member
California

Hello! Thank you for this great forum as many of us are financially unable to just call a lawyer and receive help. This particular case actually involves a potential job and would be very necessary for income.

My roommate was charged with public intoxication after he mistakenly tried to enter the wrong household while drunk. He obviously had no harmful intentions. He was charged and convicted (I don't believe he even fought it). Almost 1 year later he received a DUI and his probation was re-instated due to the DUI being within 1 year. These were about 5-6 years ago. Now, he has nothing further on his record and was seeking a really great job. They did a background check and saw the offenses. They have given him the chance to have the public-intoxication removed from his record and then he'll gain employment. He interviewed with various ppl and they all really wanted him on the team, so they were bummed to find this. This job could be life changing for him and I am trying to do all I can to help.

Is it going to be possible to get these removed (not the DUI, but the public intoxication and probation) from his record and how would he go about doing so?

Thank you,
Daniel
First, thank you for appreciating this forum. Although there are limits to what we are able to do in a forum setting, and it is always advised that someone seek legal assistance from a licensed attorney in their own jurisdiction, we do what we can to assist where we can.

One of the ways we can best assist people, however, is to have the people directly involved in the legal matter register to the site themselves to post their own questions. While I like that you are trying to help your roommate, your roommate will be able to answer all of the questions we may need to ask.

So, could you please have your roommate sign in to the forum, Daniel?

And thanks again for your nice words about the forum. They are appreciated.
 

YODC

Junior Member
First, thank you for appreciating this forum. Although there are limits to what we are able to do in a forum setting, and it is always advised that someone seek legal assistance from a licensed attorney in their own jurisdiction, we do what we can to assist where we can.

One of the ways we can best assist people, however, is to have the people directly involved in the legal matter register to the site themselves to post their own questions. While I like that you are trying to help your roommate, your roommate will be able to answer all of the questions we may need to ask.

So, could you please have your roommate sign in to the forum, Daniel?

And thanks again for your nice words about the forum. They are appreciated.
He'll be home soon. What further questions would you like him to answer?

Thanks again :)
 

adjusterjack

Senior Member
Is it going to be possible to get these removed (not the DUI, but the public intoxication and probation) from his record and how would he go about doing so?
Might be able to do both according to the following:

http://criminal.laws.com/expungements/california-expungement-laws

There's a section on the CA courts website self help "Cleaning Your Criminal Record."

Check it out:

http://www.courts.ca.gov/selfhelp-criminallaw.htm

CA is very good with forms and instructions.
 

CdwJava

Senior Member
My roommate was charged with public intoxication after he mistakenly tried to enter the wrong household while drunk. He obviously had no harmful intentions. He was charged and convicted (I don't believe he even fought it).
Ouch! That's pretty drunk! Fortunately, it did not lead to more dire consequences ... like a scared and armed homeowner! But, in the scheme of things, PC 647(f) is a big whoppin' nothing criminal offense.

Almost 1 year later he received a DUI and his probation was re-instated due to the DUI being within 1 year. These were about 5-6 years ago.
Sounds normal. Now he should be off of both probations.

Now, he has nothing further on his record and was seeking a really great job. They did a background check and saw the offenses. They have given him the chance to have the public-intoxication removed from his record and then he'll gain employment. He interviewed with various ppl and they all really wanted him on the team, so they were bummed to find this. This job could be life changing for him and I am trying to do all I can to help.

Is it going to be possible to get these removed (not the DUI, but the public intoxication and probation) from his record and how would he go about doing so?
From the link that adjusterjack posted, you will find this bit on eligibility:

When are you eligible for a dismissal?

You are eligible for dismissal of a conviction, and the court will dismiss your conviction, if:

- You received probation for that conviction and:
- You successfully completed probation or obtained early release;
- You also have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence;
- You are not currently serving another sentence or on probation for another offense; AND
- You are not currently charged with another offense.

This is something you CAN do yourself. Your local court may have some information to assist you.
 

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