How Do I “Expunge” a California DUI From my Record?

DUI is one of the most common offenses in California. Once the court convicts you of DUI, you can face issues such as finding a job and obtaining professional licenses. Luckily, California law gives offenders a chance to expunge their criminal records. This expungement can help alleviate some of these challenges.

The process of expunging a DUI record is complex and challenging to manage on your own. You will need a lawyer to assist you. A lawyer can help you file the necessary forms and submit the petition.

Understanding DUI Expungement

Expungement is a legal process where a court removes an arrest or conviction record. The eligibility to expunge a record and the steps involved can differ based on various factors, including the county where the incident occurred. Penal Code (PC) 1203.4 details the laws regarding record expungement.

Many people wrongly believe that a DUI conviction in California disappears automatically after some time. However, to clear your record, you must file a petition with the court; otherwise, it will remain on your record.

Once you have expunged your criminal record, you can honestly answer “No” if someone like a prospective employer asks if you have past convictions. Additionally, potential employers cannot use the conviction against you when considering you for a job or promotion.

Candidates Eligible for a DUI Record Expungement

You can have a felony or misdemeanor DUI record expunged if you meet two conditions. First, you should have finished your probation term, which usually includes:

  • Paying fines
  • Participating in Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) counseling
  • Attending DUI School
  • Completing a Mothers Against Drunk Driving (MADD) program
  • Undergoing drug or alcohol testing
  • Working with Caltrans
  • Doing community service

The second option is that the defendant either:

  • Did not spend time behind bars for the crime
  • Served time behind prison bars but could have served time in jail due to the changes under Prop 47.

A felony DUI case might not qualify for a record expungement if you spent time behind bars,  especially if the offense resulted in death or severe injury. You can seek expungement after completing your probation if you face a wet reckless conviction (which is a standard plea deal for DUI).

How Expungement of a DUI Record Works

Once you finish your probation term for a DUI conviction, you can file a petition in court to have the record expunged. The judge will review your petition to decide if you qualify for expungement. If the court approves:

  • You can change your plea from no contest or guilty to ‘not guilty.’
  • The judge can overturn the verdict if you were sentenced after a trial.

After either step, the judge will dismiss the case. It usually takes about three to four months to clear a DUI conviction record, but this can differ by court. You should consult a knowledgeable DUI lawyer who can provide a more accurate timeline based on your situation.

There may be delays, and expungements are not a top priority for courts since there is no time limit for filing expungement petitions. However, there are deadlines for other criminal court processes set by law.

Documents You Need for a DUI Expungement Petition

You will need to gather the docket or case number, conviction date, verdict, code number and name of the conviction, details on how you served your sentence, and if possible, a minute order from the courthouse where you faced conviction or where you entered a guilty or no contest plea. You can contact a qualified lawyer if you cannot find this information.

Receiving Early Termination of Probation Can Help Expunge Your Conviction Sooner

If the judge agrees to end your probation early, you can expunge the DUI record sooner than you thought. You can apply for expungement once your probation is complete, whether it ends naturally or the court terminates it early.

Misdemeanor probation for a DUI typically lasts three years but can extend to 5 years. Felony probation has a similar duration. Waiting three to five years for record deletion can feel long. However, the law allows for early termination of your DUI probation, potentially after just eighteen months.

You can submit a petition to dismiss the misdemeanor if you have finished your probation. If you have not completed your probation term and want an expungement, you could ask the judge for an early termination of probation.

To erase a felony DUI conviction, you should file a case under PC 17b3 to reduce the felony to a misdemeanor before requesting expungement. Each crime you would like to expunge requires separate forms.

How to Request Early Termination of Your DUI Probation

To seek an early end to your DUI probation, you must file a petition in court. The judge can approve your request if:

  • You have successfully met all probation requirements, such as paying fines, making restitution, and attending DUI classes.
  • In certain situations, you may qualify for early termination. This termination applies if you want to advance in your job, find better work, or need to travel to care for a sick family member.

The following are the steps your attorney will use to petition for early termination on your DUI probation:

  • Your lawyer will file a motion to dismiss the probation under the Penal Code 995.
  • They can also ask the judge for a motion to terminate probation early if needed.
  • Next, your lawyer will submit an attachment with your petition stating that you have not committed any additional crimes and have been a responsible citizen. In this attachment, you can explain how expunging the record will help you in your career and other areas of your life. Your lawyer can still file the motion to dismiss even if you have to complete your entire probation period.
  • All documents related to the record deletion will be promptly sent to the probation and prosecution departments, allowing them to contest it as required by law.
  • You will receive an Order of Dismissal if the court approves your petition.

Will Expungement Affect Penalties for Future DUI Convictions?

DUI is a priorable crime in California, meaning the penalty increases with each sentence within ten years. An expunged DUI still counts as a prior offense, like it was never erased.

For example, the court convicts Matt under VC 23152b for driving a vehicle with a blood alcohol level of 0.08% or more. This crime is his first DUI. He completed his probation successfully, and his attorney helped him have the conviction expunged. However, a few months later, the court sentences Matt again for DUI. Even though the court expunged his first conviction, he will still face penalties as a second-time offender.

DUI Expungement and Your Driver’s License Suspension

A DUI expungement does not reverse your driver’s license suspension or revocation. In many situations, the probation period is longer than the mandatory license suspension for a DUI. For example, if it is your first DUI conviction, the California DMV will suspend your license for six months, while probation can last three to five years.

It is rare for the driver’s license suspension period to exceed the probation period, except in cases of permanent license revocation. Even in such cases, expunging a DUI record will not restore your driving privileges.

Expunging your DUI record does not erase it from DMV records. Additionally, if you want to work for companies like Lyft or Uber, the DUI will remain on your DMV record for ten years, preventing you from qualifying.

Also, a DUI expungement does not change your auto insurance rates. Expunging your criminal record does not remove your driving history from insurance databases, so it will not impact the quotes you receive from insurance companies.

Finding a Job After a DUI Expungement

One notable advantage of expunging a California DUI conviction is that it can make it easier to find a job. An expungement is especially beneficial for driving, healthcare, or school positions.

In California, employers cannot use expunged DUI or drug-related convictions to make adverse employment decisions, such as:

  • Not hiring you
  • Not keeping you on the work team, or
  • Not promoting you.

California’s “ban the box” law also prevents employers from asking about arrests or convictions until they make a conditional job offer.

Expungements offer more than job benefits. A clean record:

  • Reduces social stigma and enhances your reputation
  • Improves your chances for education, housing, security clearances, and loans

Impact on Travel

Travel rules vary by country, but expunging your DUI can help ease immigration and travel visa issues. For example, the Canadian authority allows entry for Americans with expunged DUI cases. You can consult your attorney with a conviction record before traveling outside the US.

Limits of Expunging a DUI Record

Understanding how to expunge a DUI in California can help clear some hurdles in your life. However, it may still be accessible to courts, professional licensing bodies, insurance companies, and government agencies.

Here are some situations where expunging a DUI may not be beneficial.

Future Arrests

California follows a “prior” system, meaning that penalties for repeat DUI offenders are harsher. An expunged conviction can still lead to more stringent sentencing for future DUIs, as it remains visible to the court and prosecution.

Additionally, law enforcement can view your expunged DUI when they check your criminal record during a traffic stop or background check.

Insurance Costs

Sadly, expunging a DUI will not lower your insurance premiums. If your rates increase after your insurance company learns about your conviction, you will continue to pay those rates even after the court expunges the offense from your record.

A DUI stays on your driving record in California for 10 years, even if the court has expunged it. Insurance companies may also choose to deny coverage, particularly if you have multiple DUI offenses.

Applying for Government Jobs

When you apply for government or public sector jobs, you usually need to mention any expunged DUI. For instance, if you want to work in law enforcement, you must reveal your expunged DUI. Failing to do so could lead to perjury charges.

If you apply for a government job with a DUI on your record, they might reject you. However, an expunged DUI might not count against your application, and you could still secure the job after disclosing it.

Ultimately, the employer makes the final choice when hiring.

Professional Licenses

You must also reveal your DUI history when seeking specific professional licenses, like a bar license for lawyers or a real estate license. Having your DUI expunged can help you secure the permit you want.

Military Service

You can join the US military with an expunged DUI but must disclose it during enrollment. If you do not, it will appear on the background check when you apply.

While an expunged DUI may not automatically disqualify you, a history of substance abuse could lead to rejection. A DUI on your file can complicate your driver’s license application, which is essential for military service.

Additionally, a criminal record might prevent you from obtaining specific security clearances, affecting your ability to advance in rank or fulfill other responsibilities.

Can I Erase a DUI Conviction After Violating Probation?

Completing your probation term is crucial for expunging a DUI conviction. The court can reject your expungement request if you violate your probation terms. Common reasons for violating DUI probation include:

  • The authorities are charging you with another crime while on a probation term.
  • Failing to fit an ignition interlock device (IID) in your car.
  • Serving time in prison.
  • Not paying court fines or restitution.
  • Testing positive for drugs or alcohol.

After a probation violation, the presiding judge will hold a proceeding to review your case. Several factors can influence the judge’s choice to clear your record after a violation:

  • How well you performed during probation, including your adherence to other terms.
  • Your criminal history. If you have a history of offenses or multiple DUI convictions, the judge may use your probation violation to reject your expungement request.
  • The seriousness of your violation. Different violations have different impacts. More serious violations can lead to a denied expungement.
  • Any favorable evidence that supports your case for expungement

The Difference Between Sealing and Expunging Your DUI Record

According to Senate Bill (SB) 1203.4, sealing records differs from expunging a criminal conviction. Sealing destroys the criminal record and makes it unavailable to the public.

In contrast, with expungement, the conviction stays on record. However, the prosecution cannot use it against you. Only the court and police officers can access a sealed arrest record. You may qualify for sealing your record if:

  • The police arrested you but did not file any charges
  • The court withdrew the allegations before a trial.
  • A jury found you innocent of the charges.
  • The court overturned or dismissed your conviction.
  • You finished your diversion program.

You could also seal juvenile records just like adult criminal records. To seal a juvenile record, you must meet these conditions:

  • You are now an adult, and the juvenile courts freed you at least 5 years before you apply for sealing.
  • There are no ongoing legal issues related to your juvenile conviction.
  • The court has not convicted you of a serious adult crime.

Sealing a conviction has more advantages than expunging it. You can honestly say you have not been arrested for DUI when asked. Also, sealed DUI arrests will not count as prior offenses if you face another drunk driving charge in the future.

How Much Does It Cost to Expunge a DUI in California?

Having a DUI expunged in California means you will incur certain fees. You must pay court filing fees, which can differ based on your location. A skilled lawyer can assess your case and give you an estimate of the total cost for expungement.

Although you can handle the expungement process independently, hiring a DUI lawyer can make things easier and quicker. Law firms charge for their services, with fees ranging from a few hundred to over a thousand dollars. However, having expert help is often worth the expense, especially since expungement can offer you a fresh start.

How an Attorney Can Help

Hiring a record expungement attorney is essential to expunge your DUI conviction record. The legal requirements for expunging DUI records are harsher than many other offenses. The judge must determine that expunging the record serves justice. The judge can deny your expungement request, and the prosecution can challenge it. In such cases, having an experienced attorney is crucial for a favorable outcome.

Hiring a record expungement lawyer to help with the paperwork and file the petition is generally advisable. Many individuals attempt to file for expungement on their own and make mistakes. These errors often lead to spending more money to hire a lawyer for a motion for reconsideration to fix those errors. You can avoid these issues by hiring an attorney from the start.

Contact a Bakersfield DUI Law Firm Near Me

Expunging your criminal record can protect you from the harmful effects of a DUI record. If you are dealing with DUI charges in Bakersfield, it is normal to feel anxious about how a conviction might affect your future. Fortunately, a knowledgeable DUI lawyer can assist you in avoiding a conviction record that might damage your reputation, finances, and job prospects.

At Koenig Law Office, we can help you navigate this difficult period. Our attorneys do not recommend that clients handle this process alone, as it can be complex, and small mistakes can be costly. If you need assistance expunging your DUI record, call us at 661-793-7222. We have successfully helped many clients in Bakersfield and nearby areas with their DUI record expungements.