Welcome back to the Law Office of Hieu Vu YouTube channel! Today, we’re discussing a crucial topic that many people face in Orange County and beyond: what to do when your expungement gets denied. Expungements can be a game-changer, but having your petition denied can feel like a major setback. In this video, we explore the common reasons why expungements are denied and how you can overcome these obstacles to move forward.
One of the primary reasons for a denial is that DUI cases, in particular, are often considered "political crimes." Judges may have a negative stance on them, and even though the law allows for expungement, some judges may still deny your request based on their discretion. This can leave individuals facing ongoing consequences from their convictions, even when they’ve done everything right.
Other common reasons for expungement denials include probation violations, unpaid fines, or failing to complete required classes. These issues make the expungement process even more difficult, but hope is not lost. If your expungement was denied, the best course of action is to seek professional help. An experienced attorney can review your case and put together a compelling package with references from coworkers or other professionals who can vouch for your character and growth since the conviction.
Additionally, paperwork errors are another common reason for denial. Submitting the wrong case number, serving the incorrect agency, or filling out forms incorrectly can result in weeks of delay and an eventual denial. It’s essential to double-check with the court clerk and ensure you have all the correct information before submitting your expungement petition.
We also touch on probation violations and subsequent criminal conduct, both of which can impact your expungement petition. Failing to complete probation requirements, racking up new charges, or not addressing past violations can make it more challenging to clear your record.
Finally, we talk about how prosecutors often object to expungement petitions as part of their duty to the government. These objections are not always insurmountable, and a knowledgeable attorney can help you overcome them.
In conclusion, a denied expungement does not have to be the end of the road. With the right legal approach and an understanding of the process, you can find a path forward. If you’ve had an expungement denied, don’t hesitate to reach out for professional assistance.
Contact Information:
To contact me, you can go to vulawoffice.com
Website: Orange County Criminal Defense Attorney | Law Office Of Hieu Vu
LinkedIn: Hieu Vu | Tustin CA
Twitter: Hieu Vu (@Hieuvulaw) on X
Facebook: Law Office of Hieu Vu | Tustin CA
Instagram: Instagram (@hieuvuesq)
Yelp: Law Office of Hieu Vu - Tustin, CA
Appointments: Law Office of Hieu Vu, Orange County DUI Attorney
Phone or Text: 714-589-3063
Law Office of Hieu Vu
18002 Irvine Blvd #108
Tustin, CA 92780
Music: www.bensound.com
One of the primary reasons for a denial is that DUI cases, in particular, are often considered "political crimes." Judges may have a negative stance on them, and even though the law allows for expungement, some judges may still deny your request based on their discretion. This can leave individuals facing ongoing consequences from their convictions, even when they’ve done everything right.
Other common reasons for expungement denials include probation violations, unpaid fines, or failing to complete required classes. These issues make the expungement process even more difficult, but hope is not lost. If your expungement was denied, the best course of action is to seek professional help. An experienced attorney can review your case and put together a compelling package with references from coworkers or other professionals who can vouch for your character and growth since the conviction.
Additionally, paperwork errors are another common reason for denial. Submitting the wrong case number, serving the incorrect agency, or filling out forms incorrectly can result in weeks of delay and an eventual denial. It’s essential to double-check with the court clerk and ensure you have all the correct information before submitting your expungement petition.
We also touch on probation violations and subsequent criminal conduct, both of which can impact your expungement petition. Failing to complete probation requirements, racking up new charges, or not addressing past violations can make it more challenging to clear your record.
Finally, we talk about how prosecutors often object to expungement petitions as part of their duty to the government. These objections are not always insurmountable, and a knowledgeable attorney can help you overcome them.
In conclusion, a denied expungement does not have to be the end of the road. With the right legal approach and an understanding of the process, you can find a path forward. If you’ve had an expungement denied, don’t hesitate to reach out for professional assistance.
Contact Information:
To contact me, you can go to vulawoffice.com
Website: Orange County Criminal Defense Attorney | Law Office Of Hieu Vu
LinkedIn: Hieu Vu | Tustin CA
Twitter: Hieu Vu (@Hieuvulaw) on X
Facebook: Law Office of Hieu Vu | Tustin CA
Instagram: Instagram (@hieuvuesq)
Yelp: Law Office of Hieu Vu - Tustin, CA
Appointments: Law Office of Hieu Vu, Orange County DUI Attorney
Phone or Text: 714-589-3063
Law Office of Hieu Vu
18002 Irvine Blvd #108
Tustin, CA 92780
Music: www.bensound.com
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LifestyleTranscript
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.