DUI Expungement

Anyone who has ever been charged and convicted of a DUI has experienced the embarrassment, cost and extreme inconveniences associated with one. Some have characterized a DUI as an everyman offense, since a typical defendant can be from any walk of life or demographic group. Many people drink alcohol and it is not uncommon for those who drive to have at least once in their driving life drank too much or had a blood alcohol level (BAC) of at least 0.08% and still drove a motor vehicle.

A DUI charge is a misdemeanor, which in California carries a possible sentence of up to one year in jail, a fine up to $1,000 and required participation in an alcohol education class or treatment facility, though the maximum is rarely imposed except for more egregious cases. The DMV will also suspend your driver’s license for up to 10 months for a first offense or one year if you refused BAC testing.

A DUI on your public record can cause you certain difficulties and present an obstacle to gaining employment, advancing your career and shutting you out of certain opportunities. If you were convicted of a DUI, however, California law does permit you to expunge your conviction so that members of the general public, including most employers and landlords, will not be able to access your record.

To get your DUI expunged, consult with an experienced expungement lawyer about the process.

What is Expungement?

An expungement is a legal procedure whereby the court can reopen your conviction, change your plea of guilty or nolo contendre, or guilty verdict, to not guilty and then dismiss the charges. The procedure does not destroy your records, however, but your conviction record is no longer accessible by the public. This means that your employer or potential landlord will see that you have no convictions when conducting a criminal background check. An expungement attorney from our office can determine if your DUI is eligible for expungement.

What are the Conditions for a DUI Expungement?

You are eligible to apply for expungement of your DUI if you meet the following:

• You did not serve any state prison time
• You only served probation
• You successfully completed all the terms of your probation
• Your DUI did not result in injuries or death (generally charged as felonies)

Further, you must not have any pending criminal charges or be on parole. Most DUI probation periods are from 3 to 5 years so you generally must wait until the probationary period has passed before requesting an expungement. In some cases, you can ask for early termination of your probation, though this may be difficult to obtain in DUI cases.

Consult with an expungement lawyer from the Expungement Law Group about early probation termination.

Can I State Under Oath That I have no DUIs?

Once the judge signs the order or grants your expungement petition, you can legally answer on an employment or lease application that you have not been convicted of a DUI. You will have to disclose this, however, if you apply for a professional license, teaching credential or government position if it asks about misdemeanor convictions. Despite the expungement, the government can use your DUI to not hire you and a licensing body can deny you a license or refuse to renew it. Discuss these circumstances with one of our expungement lawyers.

What Happens If I Get Another DUI?

In California, the DMV and court can treat your subsequent DUI as a second offense, even if your first DUI was expunged so long as your second offense was committed within 10 years. A second DUI carries much harsher penalties including likely jail time and a longer license suspension.

A DUI can present considerable obstacles to you for your job and cause you undue embarrassment in other situations. Call the Expungement Law Group regarding any questions you have about having your DUI conviction expunged. One of our expungement attorneys will be happy to discuss what we can do for you.