Expungement of a DUI

To pursue an expungement, it is wise to consult an attorney who understands California expungement laws.  Eligibility is not always clear cut.  Questions that need to be answered when meeting with a lawyer include but are not limited to the following:

What is Expungement?

According to California law, expungement is a term in reference to a person convicted of a crime and the relief of “all penalties and disabilities resulting from the offense of which he or she has been convicted.”  In other words, an expungement creates a clean or seriously improved criminal record.

Expungements in the state of California can vary in execution and degree depending on the crime.

  • First Offense Misdemeanor DUI – In the case of a first offense misdemeanor DUI, an expungement is pursued under California Penal Code (CPC) 1203.4 if probation is granted and under 1203.4a if probation is denied.  In either case the motion for expungement is filed.  If granted, the “guilty” plea is rescinded, replaced with a “not guilty” plea and the case is dismissed.
  • Felony DUI With Probation- If probation was granted, some felony DUIs can be expunged under CPC 1203.4.  An attorney skilled in California record expungement will first file a motion to have the charge reduced to a misdemeanor (pursuant to CPC Section 17b), and if accepted the expungement will proceed in the same process as a misdemeanor.
  • Felony DUI Without Probation – If probation was not granted, meaning prison time was served, the process changes.  Relief will come in the form of a Certificate of Rehabilitation And Pardon Application or a Direct Application For Pardon from the Governor of California.

Eligibility for Expungement

To pursue an expungement, it is wise to consult an attorney who understands California expungement laws.  Eligibility is not always clear cut.  Questions that need to be answered when meeting with a lawyer include but are not limited to the following:

  • What are the specific charges of the conviction?
  • What is the date of conviction?
  • Which court heard the case?
  • What penalties were incurred?
  • Were all penalties and conditions of probation complied with?
  • Were there any violations of probation or parole?
  • Has probation ended?
  • Have any new charges been incurred since the conviction?
  • What goals need to be met with respect to an expungement?
  • What records (notes, case number, etc.) are available to be reviewed by the attorney?

Previous convictions and/or charges incurred after the DUI conviction in question can have a significant impact on a positive result when seeking an expungement.  If you have criminal charges pending or you are currently on probation for another offense, you cannot seek expungement at this time.

The only way to fully understand the process and understand actual eligibility for expungement is to consult a legal professional.  A California DUI attorney experienced in expungement law is going to provide the best available chance at obtaining a clean or improved record.  Contact the DUI Professor today to explain the process and determine your eligibility!