Call Us Now
e-Mail Us Now
Not every state allows DUIs to be expunged from a criminal record, which can lead to lifelong stigma and difficulties in advancement. When you have been arrested or convicted of a DUI, you understand the shame it can bring. A DUI conviction can interfere with university admissions, job opportunities, professional licensing, and housing applications. It may even come to bear on custody decisions.
Thankfully, California law permits many DUI offenders to expunge their offenses and move forward, so long as they have cleared their obligations first. However, the law is confusing—you will need some guidance.
What Expungement Can Do for You
Expungement allows you to treat your conviction, for most purposes, as if it never happened. After a successful expungement, you can honestly say that you have no conviction on your record. It should no longer appear on background checks. Most employers are not allowed to take expunged convictions into account for hiring decisions, although this will depend on the job and the business.
However, expungement cannot completely erase it from history. The conviction will still be available to court officials and law enforcement. If you are charged again, it can be used as a prior conviction for sentencing purposes.
You will still have to disclose it for certain purposes that must take the existence of the charge into account, such as:
- Immigration proceedings
- Applications for public office
- California state licensing applications
Expungement will also not affect some ongoing penalties. It does not end a license revocation or suspension from the DMV. If you are disqualified from carrying firearms due to DUI charges, expungement will not restore that right.
When Can You Get an Expungement?
In California, a DUI or “wet reckless” conviction can be expunged if the offender has successfully completed all the terms of their sentence, including:
- Any county jail time
- Court-ordered counseling programs
- Any probation and community service ordered for the crime
However, the offender cannot apply for expungement if:
- Other criminal charges are pending
- They are serving a sentence for a different crime
See Cal. Pen. Code § 1203.4. You will also need to discuss your case with an attorney if you had a state prison sentence. Expungement may be available, but it could require further steps.
Sealing a record is a different, stronger remedy than expungement. A sealed record is no longer available except for limited law enforcement purposes, and it may be destroyed after a certain period. However, sealing is mainly available to juvenile offenders and to those who were arrested but never convicted, which includes:
- Acquittal
- Vacation of conviction
- Dismissal or dropped charges
- Deferred entry of judgment (pretrial diversion)
A new law, SB 731, makes many arrests and convictions eligible for “automatic record relief”—removal from the record—after a certain period.
Juvenile Violations
Those who were younger than 18 at the time of the charge can apply to have their juvenile records sealed if they have not already been. The court should seal a juvenile charge automatically after a successful completion of probation or a diversion program.
If your juvenile record has not already been sealed, you can petition for sealing if:
- You are 18 years old, or
- It has been 5 years since the case ended, and
- You can show you are rehabilitated “to the satisfaction of the court.”
How the Process Works
To receive an expungement, you petition the court where you were charged, requesting to change your plea and dismiss the case. That is why you can say that you have no conviction after expungement. The case is literally no longer a conviction.
The expungement petition requires all the information about your charge. You must provide your case number, as well as the code section that you violated and the section number. For example, a common DUI charge is section 23152(b) of the Vehicle Code, but this will depend on your own circumstances. A DUI attorney can retrieve your case file and prepare this for you. As expungement procedures can vary between courts and offenses, it is best to work with a DUI attorney who has managed many such cases.
The court has discretion to expunge your record if you “should be granted relief in the interests of justice.” Your attorney understands how to make these arguments and present your case to the court.
Sealing an arrest record or a juvenile record requires a similar petition. An attorney can advise you if you will need to make further arguments for sealing.
Securing Your Future
It is an excellent time to look into clearing your record—recent state laws have eased the requirements for expunging older convictions.
However, filing requires knowledge of local courts and procedures. Our experienced DUI team can review your situation and guide you through the California expungement process. We would be glad to talk to you about any DUI issues you have in Los Angeles County.
Contact us at 866-927-3295 to schedule your free case review.
