Posted on September 7, 2017
Public Intoxication Expungement in Orange County
Public intoxication is frequently charged or cited around the Orange County beach cities. Officers are given wide latitude to either cite someone or make a full arrest. Ordinarily, someone is arrested when the officer believes the suspect “uncooperative”.
Drunk in public is charged under Penal Code 647(f) and a conviction will be noted on someone’s criminal record. Consequently, a person may be denied employment or suffer consequences if they carry a professional license.
A conviction for public intoxication is eligible for an expungement. Although it will not completely nullify the conviction, it may carry benefits because a person will be deemed statutorily rehabilitated for their offense. This include immigration, employment, or even those seeking child adoption.
An expungement is governed under Penal Code 1203.4 and requires filing a petition for dismissal with the court requesting that the court set aside and dismiss the conviction. Those who suffered a probation violation will need to submit a declaration outlining the reasons why they should receive this remedy along with an explanation of how they’ve been fully rehabilitated. Furthermore, any probation violation requires the petition to be made in the “interests of justice”.