07/20/2017
SACRAMENTO COUNTY MISDEMEANOR OR DUI EXPUNGEMENT SACRAMENTO
Cleaning up your criminal record in Sacramento County is a simple process but you have to follow their instructions carefully and pay an upfront filing fee of $120 if you were on probation and $60 if you were not. This is the link to the Sacramento Court’s instruction page(s):https://www.saccourt.ca.gov/criminal/docs/1203-4-dismissal-process.pdf
For many years I used my own custom PC1203.4 motion when asking the court to expunge client’s records. I’ve learned though, that the court clerks prefer the Judicial Council Forms CR180 and CR181. The standardized forms make the process simpler for clerks to process and easier for judges to review. The forms are included in the link above and are actually slightly modified from the ones the Judicial Council prepared.
Generally, for CR180 (Petition) the caption (top of the form) just requires your personal information. If you have your original court papers showing what you plead to or were convicted of, you may have all you need to get started. If not, you should order your file at the courthouse. The last thing you want is to fill out the paperwork wrong and have the clerk tell you to fix it and come back later. The clerks aren’t supposed to assist you or give you legal advice, so don’t bring a bunch of blank forms expecting help at the counter in Room 102.
What you’ll need though, is the case number, the date of the conviction, an explanation of the offense (example: driving with a BAC of .08 or more), the Code (example: Vehicle), the Section (example: 23152(b)), whether the offense was a Felony, Misdemeanor or Infraction, whether you are entitled to a reduction to Misdemeanor or Infraction, then you’ll need to read through Items 2-9 to see which boxes apply to your case.
The second form is CR181 and it’s just the Order. You just need the same information as you put in the caption on CR180. The rest is for the judge and clerks to fill out.
There are additional forms such as a request for early termination of probation and a fee waiver and a financial declaration that would need to be filled out to see if you qualify.
Sacramento is very good about granting expungement requests, even in cases where relief is discretionary. I always suggest submitting a personal letter with the forms, to make the application stand out from the hundreds of others that are regularly processed.
Another tip is to make the CR180 and CR181 forms two sided. The court doesn’t like extra paper. Also, don’t forget that you have to submit an original and five copies (using a two hole punch at the top of the page), a self-addressed stamped envelope (so you don’t have to pay a $25 certification fee later) and your check for the filing fee unless you’re applying for the fee waiver.
The first hearing is a non-appearance court date, where the judge reviews your request. The process takes about two months, if you do everything right the first time. If the court doesn’t automatically grant your request for Misdemeanor Expungement, you will be given a court date and time where you will need to provide additional evidence and oral argument.
I hope you’ll take advantage of the ability to have your record expunged. The instruction page gives an explanation of the benefits. If you’d rather have the Law Office of Denis White handle all this for you and make sure everything is done right the first time, call us at (916) 444-3300 or fill out the contact form on our website and we’ll get back to you.
