Removing My DUI From My Record
A conviction under Vehicle Code 23152(a) or (b) is a DUI conviction in California. A conviction under Vehicle Code 23103.5 is a "wet" reckless conviction. Both of these driving under the influence crimes can typically be expunged in California.
In California there is simply no reason for you to allow a DUI conviction to hold you back in your life. Fortunately the California legislature long ago passed Penal Code 1203.4 (the "expungement" law), which allows you to petition the court to have the DUI conviction dismissed (expunged). Once the DUI conviction has been removed from your record, you can legally and honestly state you have not been convicted of that DUI on most job applications and rental applications. Furthermore, the DUI conviction will be removed on almost all criminal background checks that an employer might run on you. Consequently, expunging your DUI will allow you to move forward with peace of mind, wherein you can finally put this embarrassing mistake behind you for good.
In California there is simply no reason for you to allow a DUI conviction to hold you back in your life. Fortunately the California legislature long ago passed Penal Code 1203.4 (the "expungement" law), which allows you to petition the court to have the DUI conviction dismissed (expunged). Once the DUI conviction has been removed from your record, you can legally and honestly state you have not been convicted of that DUI on most job applications and rental applications. Furthermore, the DUI conviction will be removed on almost all criminal background checks that an employer might run on you. Consequently, expunging your DUI will allow you to move forward with peace of mind, wherein you can finally put this embarrassing mistake behind you for good.
How Long Will DUI Expungement Take?
California DUI expungement can vary from county to county, but typically the process will take 6-12 weeks in most counties. Alameda County is one of the fastest counties for DUI expungement, wherein the process will usually take 8 weeks. Fresno County is one of the slowest counties for DUI expungement, wherein the process will usually take 6-12 months. It should also be noted the DUI expungement process can be expedited in most counties, taking the process down to 30 days or less; however, expediting the process will have additional fees.
Do I Qualify For DUI Expungement?
If you were convicted of a DUI in California and you (1) did not serve any prison time (county jail is not prison), (2) completed all of your sentence requirements, and (3) completed your entire probationary term, THEN you will be eligible to expunge the DUI from your record. It should be noted, if you are still on probation for your DUI there may still be hope. In most counties we can motion the court to terminate your DUI probation early, and if the courts grants the motion, then you would become eligible to expunge your DUI.
If you had any probation violations, or new violations of law while on probation for your DUI case, then it may be more difficult to expunge the DUI in many of the courthouses in California. However, a knowledgeable expungement attorney will be able to assist you with building the strongest case possible, to ensure the best possible chance at success.
If you had any probation violations, or new violations of law while on probation for your DUI case, then it may be more difficult to expunge the DUI in many of the courthouses in California. However, a knowledgeable expungement attorney will be able to assist you with building the strongest case possible, to ensure the best possible chance at success.
Can I Expunge Multiple DUI Convictions In California?
Yes, there is no limit to the number of DUI cases you can have expunged, as long as you were never sentenced to prison (county jail is not prison). However, the more DUI convictions you have on your record, the harder it will be to get them expunged. For each additional DUI case on your record that you would like to expunge, the more rehabilitation, supporting documents and remorse will be required to demonstrate to the court. Also the time that has passed since your last DUI conviction will be a big factor in the court's deliberation when attempting to expunge multiple DUIs. Judges typically like to see that a defendant has "learned his lesson" when granting a DUI expungement in a situation where multiple DUIs exist.
How Long After DUI Expungement Until The Record Is Updated?
There are many different entities that maintain a record of your DUI and all of them update at different speeds.
Department of Justice (DOJ) - This is the official criminal record keeper in the state of California. Once a DUI expungement is granted the court has a duty to report the expungement to the DOJ, and the DOJ has a duty to update their master file within 30 days of the expungement being granted. In this digital age the update often happens must faster than 30 days.
Private Background Check Companies - These are the companies that most employers use for employment background checks during the hiring process. These databases also will update automatically by law. They are governed by the Fair Credit Reporting Act at both the state and federal level, and there are strict penalties levied against them if they fail to comply. These companies have an affirmative duty to ensure that the information they are providing to an employer is accurate. Thus, these companies must call the court of conviction to check the accuracy of any DUI conviction information they have about you before turning it over to an employer. During this check they will discover that the DUI conviction has been expunged, and will not reveal any information about that DUI criminal case to the employer.
Court Website - Many court websites in California provide case information digitally on the internet. Sometimes this information is free, and sometimes there is a small fee charged per search. Most court websites will update with the DUI expungement information within 24-48 hours.
Department of Justice (DOJ) - This is the official criminal record keeper in the state of California. Once a DUI expungement is granted the court has a duty to report the expungement to the DOJ, and the DOJ has a duty to update their master file within 30 days of the expungement being granted. In this digital age the update often happens must faster than 30 days.
Private Background Check Companies - These are the companies that most employers use for employment background checks during the hiring process. These databases also will update automatically by law. They are governed by the Fair Credit Reporting Act at both the state and federal level, and there are strict penalties levied against them if they fail to comply. These companies have an affirmative duty to ensure that the information they are providing to an employer is accurate. Thus, these companies must call the court of conviction to check the accuracy of any DUI conviction information they have about you before turning it over to an employer. During this check they will discover that the DUI conviction has been expunged, and will not reveal any information about that DUI criminal case to the employer.
Court Website - Many court websites in California provide case information digitally on the internet. Sometimes this information is free, and sometimes there is a small fee charged per search. Most court websites will update with the DUI expungement information within 24-48 hours.
What Will Show On My Record After A DUI Expungement?
Private Employers - 99% of employers are private employers, and use your social security number to run a private background check on you. After you have expunged your DUI record in California, nothing about that case will show up on the employer background check. Period. NOTE: if this is a driving job, and the employer is pulling a DMV record then please reference the DMV section directly below, but most employers do not pull your DMV record.
Public Employers - A public employer is any employer that uses public funds to pay their employees. Examples: county jobs, firefighter, and school teacher. These type of employers often have the right to asked you to get fingerprinted and will pull your DOJ rap sheet. Your DOJ rap sheet will show everything about the DUI case, including the fact that it has been expunged (dismissed). Whether they are able to hold your expunged DUI case against you will depend on the job, but often DUI expungement will still help with these type of employment opportunities.
Department of Motor Vehicles (DMV) - The DMV is an administrative agency in California, and it does not maintain criminal records. However, it does maintain driving infraction records, wherein you have been given penalty points on your driving record. Unfortunately, expungement of your DUI will not remove the record from the DMV, nor any points on your driving record. Furthermore, there is no way in the state of California to remove your DUI conviction from your DMV record. That being said, there is one small trick we have learned that works a small portion of the time in removing your DUI from your DMV record (view small trick).
Public Employers - A public employer is any employer that uses public funds to pay their employees. Examples: county jobs, firefighter, and school teacher. These type of employers often have the right to asked you to get fingerprinted and will pull your DOJ rap sheet. Your DOJ rap sheet will show everything about the DUI case, including the fact that it has been expunged (dismissed). Whether they are able to hold your expunged DUI case against you will depend on the job, but often DUI expungement will still help with these type of employment opportunities.
Department of Motor Vehicles (DMV) - The DMV is an administrative agency in California, and it does not maintain criminal records. However, it does maintain driving infraction records, wherein you have been given penalty points on your driving record. Unfortunately, expungement of your DUI will not remove the record from the DMV, nor any points on your driving record. Furthermore, there is no way in the state of California to remove your DUI conviction from your DMV record. That being said, there is one small trick we have learned that works a small portion of the time in removing your DUI from your DMV record (view small trick).
Do I Have To Disclose An Expunged DUI On An Application?
In most situations you will not have to disclose your expunged DUI conviction on a job or rental application. In fact if you are asked if you have ever been convicted of a misdemeanor on an application you will be able to simply answer "no" under most circumstances. The only exceptions to this general rule are (1) when applying for a state license (e.g., real estate license, medical license, contractors license, etc.), (2) when applying for a driving job, as the employer will likely pull your DMV record and will be able to so the expunged DUI conviction, and (3) if you are applying for public employment, as you will want to be honest in these situations since the employe will likely be pulling your DOJ rap sheet and they will be able to see the expunged DUI case information.
Can I Get A Driving Job, Like Uber, After Expunging My DUI?
Unfortunately, driving job, like Uber, review your DMV record during the employment application process, and expungement of your DUI does not remove the DUI from your DMV record. Consequently, expunging your DUI will not typically help you get a "driving" job. To secure a driving job you will typically have to wait until the DUI conviction falls off your DMV record naturally, which takes 7-10 years in California.
However, expunging your DUI record will help you with all other employment opportunities that do not involve driving as a job duty (i.e., 99% of available jobs in California).
However, expunging your DUI record will help you with all other employment opportunities that do not involve driving as a job duty (i.e., 99% of available jobs in California).
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