California DUI Expungement

While there are some driving under the influence (DUI) penalties that have a start date and an end date, such as probation or community service, the consequences that occur from having a DUI record can last indefinitely. The chances of finding future employment or obtaining auto insurance may be slim with a drunk-driving charge on your record.

Fortunately, some cases are eligible for California DUI expungement. This means that all records pertaining to your drunk-driving arrest and conviction may be erased or deleted. DUI expungement allows you to legally answer “no” when asked on an application if you have ever been convicted of a crime.

DUI expungement does not happen automatically. You must file paperwork with the court requesting to have your records expunged. An experienced DUI defense attorney can help make an expungement request.

Certain convictions are not eligible for expungement. The court will look at several factors such as whether the offense was classified as a misdemeanor or felony, the age of the offender at the time of conviction, and whether the offender was sentenced to state prison.

If an offender has a pending criminal charge, has a warrant out, is serving a sentence for a different crime, or is still on probation for the DUI conviction, an expungement will not be granted. However, a DUI lawyer may petition the court to end the probation early so the offender can request expungement.

To end the probation early, the offender must show that court that he or she has displayed good conduct and reformed enough to justify this request. This probation termination request must be submitted to the court where the offender was originally convicted. If the offender’s fines are not paid off, the court may deny the early termination.

If the expungement request is granted, the offender may withdraw his or her previous guilty or no contest plea and plead not guilty. The court will also notify The Department of Justice to make sure the offender’s records are dismissed.

After an expungement, you no longer have to reveal your criminal record on a job application. In the event that you must disclose your conviction for a professional licensing application, your record will show that your conviction has been dismissed.

To learn more about California DUI expungement, contact a San Diego DUI lawyer today. Our experienced attorneys are here to answer any questions you may have about the expungement process.