EXPUNGEMENT IN CALIFORNIA
Clear Your Record
In California the majority of Driving Under the Influence cases are prosecuted as misdemeanors. This means that upon the successful completion of probation (anywhere from 3-5 years), you may be eligible for an “Expungement,” where a conviction is vacated and a dismissal is entered into the records. If you were convicted of a felony DUI, you must, at the conclusion of your probation, petition the court to lower the felony to a misdemeanor first. Once expunged, you will no longer have a “conviction” on your criminal record (although your DMV driving record may still reveal a “prior” DUI and / or an adverse ruling in a DMV Hearing for purposes of insurance).
Normally a person is eligible to have a misdemeanor DUI expunged when they have successfully completed the terms of probation (ie. alcohol program, fines..etc.), with no other criminal case(s) pending. However, each city / county has its own standards, so be sure to contact a lawyer familiar with the court where you were convicted in.
DUI EXPUNGEMENT
Procedures and Eligibility
It used to be the case that upon the successful completion of probation, filing a petition application with the court all but guaranteed expungement. But since 2008 a new law makes DUI and certain driving-related offenses a lot more difficult to expunge. Granting a petition for expungement of a DUI conviction is now discretionary for the court, which must take into consideration the “interests of justice” with the following factors in mind:
・The seriousness of the offense.
・Whether restitution (if any) has been paid.
・Petitioner’s driving record since the conviction.
・Age of conviction.
・Whether this is the first request for expungement.
・Is petitioner a commercial driver, nanny, pilot, or in a profession where permanent disclosure serves the interests of justice?
・Other mitigating and aggravating factors that justify the granting or denial of the petition.
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FAQ
Frequently Asked Questions
I just picked up a DUI and I blew over the legal limit. I’m guilty, so what’s the point of hiring a lawyer?
If I hire a lawyer, is it possible that I will never need to appear in court?
I received a letter or voice message from law enforcement asking me to contact them regarding an incident. What should I do？
I was arrested for DUI. Do I need SR-22?
RELATED PAGES
Felony DUI
DUI charges that can be filed as felonies, such as some injury cases and some repeat offenses.
DMV Hearing
Ask for a hearing within 10 days of receiving the DMV notice, which is usually given at the arrest.
CALIFORNIA EXPUNGEMENT ATTORNEY JEFF YEH
Call THE DUI SPECIALIST
Navigating the expungement process can be complex. A competent DUI Defense Attorney can help you prepare a declaration under penalty of perjury regarding the above topics and present them on your behalf at an Expungement Hearing. Being represented by an experienced attorney increases the likelihood that your expungement petition will be granted. Contact us today for a free consultation today by filling out the contact form below or by calling me directly at (213) 446 – 2495.
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