Post Conviction Relief

It is a common misperception by California drivers convicted of driving under the influence that once an offense is on a driver's record, nothing can be done about it. Our lawyers have years of experience with post-conviction relief and has provided favorable assistance to countless numbers of California drivers convicted of DUI.

Types of Convictions

Whether or not post conviction relief is an option depends on the type of conviction and the punishment that the individual was sentenced to. In California, criminal offenses are categorized in one of three ways:

  • Felonies: Punishable by a year or more in state prison
  • Misdemeanors: Punishable by up to a year in county jail
  • “Wobblers”: Offenses that can be charged as either a felony or a misdemeanor, but that are typically pursued in court as felonies

Qualifications for Post Conviction Relief

If the driver is still on probation for the California DUI offense, post-conviction relief is typically not an option. However, in some cases, a knowledgeable DUI defense attorney experienced in post-conviction relief may be able to petition the court to end the individual’s probation early so that the individual can explore potential legal relief alternatives.

Before the process of post-conviction relief can begin, the court must establish that the release of probation is warranted by the driver's good conduct and reform. The court must also establish whether or not the interests of justice would still be served if the individual’s probation was terminated early. The driver's attorney must then request a modification of probation from the court in which the original conviction took place. Before the court can even consider granting early termination of probation, all fines and restitution must be paid in full by the individual.

Reduction of Charges

Once a driver's probation has been terminated, the criminal defense attorney is eligible to request a reduction of charges. The only felonies eligible for reduction are "wobblers". If the court chooses to approve the attorney’s request, the conviction will then be treated as a misdemeanor for purposes of post conviction relief. However, the original charge will still be considered a felony in any subsequent criminal action, meaning if the individual is arrested for a similar crime in the future, the punishment incurred by a subsequent crime will be heightened.


Some state laws allow for expungement of misdemeanors and felonies under certain circumstances. The possibility for expungement depends on whether the original crime was committed by a juvenile or an adult, whether the conviction was for a misdemeanor or a felony, whether probation was granted, and whether a term in state prison was mandated.

Clearing criminal records can help to open doors to employment, professional licenses, and housing which previous convictions may have limited. A criminal defense attorney skilled at obtaining post-conviction relief can review each individual conviction to establish whether a reduction of charges or expungement is possible.

Devermont & Devermont
Attorneys at Law

429 Santa Monica Blvd. #210   •   Santa Monica, CA 90401
Toll-Free: (888) 900-6666   •   Cell-Phone: (310) 393-0308
Click Here To Contact Us Now


"Derek is a competent professional lawyer who knows how to get things done without the bureaucratic process found at most firms. I was in need of help quickly and Derek stepped up right away with the know how and tenacity to tackle any problem. I felt completely comfortable being out of town and having Derek take care of my issue and he solved it with ease. I recommend him greatly and would absolutely work with him in the future." Dan F


"After being cited for a Misdemeanor DUI, I was influenced by many to just face the consequences because "hiring a lawyer never works out in your benefit". I was terrified and confused until I met Mr. Devermont so I decided to take my chances. He assured me that I didn't have to worry anymore, and even at times where I wanted to give up he fought harder. My BAC was .11 but Derek managed to get my citation reduced to a dry reckless. I would highly recommend him to anyone!" Kelly B


"Derek Devermont is the best DUI lawyer anyone can ever ask for. Not only is he competent and industrious, Derek would go the extra mile for his clients to ensure the best possible outcome. I was unfortunately charged with DUI when I was 20 years old. Without me doing anything (appear in court, speak to the judge, etc), Derek won the case for me. Derek's favorite saying goes like this "don't worry, leave the worrying to me. I'm your lawyer." Thanks to Derek, I was able to keep my driving privileges, and preserve my life. He secured a not guilty verdict and erased any license suspension. " Jennifer F