00:00Thank you for watching. Welcome back to our channel,
00:02your trusted source for legal advice and insights. I'm Hugh VU here to guide.
00:08I'm Hugh VU here to guide you through the complex world of expungement law.
00:12Today we're focusing on a critical issue.
00:15Many people face in orange County.
00:19It's when they apply for an expungement and it bounces back and you get a
00:23letter saying that your expungement was denied.
00:26We'll explore why the expungements were denied and how to overcome these
00:32hurdles.
00:33Why are expungements denied in orange County, California and throughout
00:37California?
00:38The laws with expungements and DUIs is that they are discretionary.
00:44This means that if you fill one out and you send it in,
00:48the judge can take a look at it and deny your expungement.
00:53There are common reasons for it.
00:55Many of these reasons is just because the DUI is a political crime and a judge
01:01may have a negative stance on it.
01:02They will look at it and shrug their shoulders and say, it's a DUI.
01:07I am not granting it.
01:10This is particularly harmful and implications for the individuals who are
01:15seeking to clear the records. Obviously it's prejudicial.
01:19You get denied and you continue having a conviction.
01:22On top of that,
01:23there are other reasons why an expungement can be denied as well.
01:27Some of these can include not having to pay off your fines in time or having to
01:33come back and re-register for your classes too many times.
01:36These are what they call probation violations reasons.
01:42And if you have a probation violation,
01:44it makes it that much more harder to expunge your case.
01:48Hope after denial.
01:51Even though your expungement was denied,
01:55you can still refile. However, if you refile with the same thing,
02:00it will just get denied again.
02:03The best thing you could do if your expungement got denied is seek from
02:07professional help.
02:08An attorney will know what to look for at the local courthouse and how to put
02:13together a package for you that is both impactful and insightful that a judge
02:22will have no choice but to grant you the expungement.
02:26Many of these things may include letters for references from your coworkers,
02:32acknowledging your mistake and letting the judge know that if they took a chance
02:37in you, they will not see you coming back.
02:40Navigating the paperwork minefield.
02:44The other reasons why expungements are often denied has to include whether or
02:50not you did the paperwork correctly.
02:53Many times people do the wrong paperwork and they submit it not knowing that
03:00they have the wrong case number,
03:01wrong paperwork or they serve the incorrect agency.
03:05It's important that you call the clerk and make sure you have all the right
03:08information about your case so that way if you do it once, you do it right.
03:13Each mistake that you do will cost you three to four weeks.
03:18The reason is because once you send it in,
03:21it sits on someone's desk for two weeks until someone looks at it to clear it or
03:26not. If they do not clear it, they will send it back to you. Denied.
03:30If you had a probation violation, it's important to address it.
03:33Probation violations and subsequent criminal conduct can impact expungement
03:38petitions. For example,
03:40if you did not complete your classes or if you did not pay your fines on top of
03:44that, have you racked up future convictions afterwards or arrest?
03:49These will be looked at when considering whether or not to expunge your case or
03:56deny it. Understanding the legal perspective.
03:58The funny thing about prosecutors is that many of them,
04:02they will just object just because they can.
04:06And this is how the prosecutors work.
04:09It's not because they are bad people or they're against you.
04:13This is their job. They have a duty to the government.
04:16So when there is an objection, it may just be a token objection.
04:21However, it's a very soft objection which you can overcome.
04:27It is the judge discretion at the end of the day to decide whether or not they
04:32can expunge your case. Finding a path forward.
04:35If you have a denied expungement,
04:38it's important that you talk with a professional,
04:40get your paperwork and explain to your attorney what happened.
04:44After that, your attorney will come up with a plan to refollow your case,
04:49move it forward for the purpose of getting an expungement.
04:54Denied expungements don't have to be the end of your journey with the right
04:58approach and understanding of the legal system. There's always a way forward.
05:02Remember, knowledge is power in navigating these legal challenges.
05:06If you have questions,
05:08you can leave a comment below or you can use the make appointment button above
05:12as well. On top of that, if you liked this video,
05:16hit the like button and subscribe and we'll make more. Thank you for watching.
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