How to Expunge a California DUI
Do you qualify for DUI expungement?
Expungement is the process of clearing or "sealing" a criminal conviction from your record. Qualifying offenders can petition for expungement, and if granted, their case is re-opened and the judge dismissed their case. There are many benefits to expungement if you have a DUI on your record. To learn more about expungement and how it could benefit you, contact a DUI attorney at Gold & Witham.
Expungement: Fact and Fiction
There are many myths about expungement that can make it difficult to distinguish fact from fiction. The DUI lawyers at Gold & Witham have compiled a list of the most common myths and what the truth is.
Fiction – Getting a conviction expunged means no one can see it on your record. The truth is that people accessing your records will see that you did have a conviction, but that the conviction was expunged.
Fiction – Getting a conviction expunged will also release you from other court-ordered requirements like firearm restrictions or community service. To obtain expungement, you must fulfill all the terms of your probation and other requirements. Expungement cannot remove sex offender registration requirements, firearm restrictions, etc.
Fiction – You will no longer have to write on job applications that you have been convicted of a crime. While this does apply to many job applications, you will still have to disclose your conviction/expungement for government employment applications.
Fiction – Expunged DUIs are not considered " prior DUIs." In California, even if you get a DUI conviction expunged, it can still count against you for ten years as a prior, and mean increased penalties for any subsequent DUI within ten years.
§ 1203.4 of the California Penal Code
According to the California Penal Code,
In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, the defendant shall be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty;
Conditions for Expungement in California
In order to qualify for expungement/record sealing in the state of California, the offender must:
- Have fulfilled the terms of your probation
- Not be currently charged with another criminal offense
- Have completed your sentence (including the paying of fines/restitution)
- Wait at least one year from the date of the judgment (to qualify under 1203.4a)
- Have received probation (offenders who are sentenced without probation do not qualify)
Contacting Our South Bay DUI Lawyers
Contact Gold & Witham today if you or someone you know has been convicted of drunk driving and you are interested in getting it expunged. We can explain the process of expungement to you and you can learn if you qualify. Submit an online case evaluation form or call us today!