How To Expunge a DUI (and Wet Reckless)
Please note that for our purposes in this discussion a DUI and wet reckless are the same thing. You can read about the differences between a DUI and wet reckless HERE.
There is no doubt that getting convicted of a DUI was a traumatic experience in your life. Unfortunately, the embarrassment and hardships arising from the DUI do not cease to exist immediately following the conviction date, and / or your release from your criminal probationary term. A DUI is a misdemeanor criminal conviction on your record and can be used by employers, landlords, and anybody else you might deal with in your life, to discriminate against you. The good news is that there is a law in California that was designed specifically to help you remove the DUI conviction from you record, so that the DUI conviction stays in the past, where it belongs.
The law in Penal Code 1203.4 (expungement law) and it allows you to petition the court to have your DUI conviction dismissed, and set aside (expunged). From that point forward you can legally and honestly answer "no" if asked if you have a criminal conviction on your record, and the DUI will no longer show up on background checks. Getting your DUI expunged from your record provides huge benefits.
It should be noted that the word "expungement" is not a real word in California, rather it is a common term used to described the DUI dismissal process under PC 1203.4. Thus, the term dismissal and expungement are synonymous.
There is no doubt that getting convicted of a DUI was a traumatic experience in your life. Unfortunately, the embarrassment and hardships arising from the DUI do not cease to exist immediately following the conviction date, and / or your release from your criminal probationary term. A DUI is a misdemeanor criminal conviction on your record and can be used by employers, landlords, and anybody else you might deal with in your life, to discriminate against you. The good news is that there is a law in California that was designed specifically to help you remove the DUI conviction from you record, so that the DUI conviction stays in the past, where it belongs.
The law in Penal Code 1203.4 (expungement law) and it allows you to petition the court to have your DUI conviction dismissed, and set aside (expunged). From that point forward you can legally and honestly answer "no" if asked if you have a criminal conviction on your record, and the DUI will no longer show up on background checks. Getting your DUI expunged from your record provides huge benefits.
It should be noted that the word "expungement" is not a real word in California, rather it is a common term used to described the DUI dismissal process under PC 1203.4. Thus, the term dismissal and expungement are synonymous.
Getting arrested for a DUI is devastating, but getting your DUI expunged offers you hope.
How Do You Qualify For DUI Expungement
As long as you did not serve time in state prison (county jail is NOT state prison), then you are able to petition the court to have your DUI removed from your record. This is true even if you DUI was a felony conviction. Below are some of the requirements that you must meet to be able to petition the court to have your DUI expunged:
- You are not currently being charged with any other crime in California. If your are currently facing criminal charges in another case, that case must first be resolved before you can file for a DUI expungement.
- You must have completed your DUI probationary term (usually three years). However, if you have a particularly urgent need, there are avenues available to get your probationary term terminated early, allowing the DUI to then be expunged. We suggest that you complete at least 45% of your probationary term before attempting an early termination of a DUI probationary term.
- You must have completed all of your sentence requirements. This includes paying all fines and fees, and completing all mandatory classes and volunteer work.
That is all that is required to enable you to petition the court to ask for an expungement of your DUI conviction. If you meet the above criteria then you can remove the DUI conviction from your record, allowing you to leave the mistake in your past, where it belongs.
How Long Will A DUI Expungement Take?
The process to expunge a DUI will vary drastically from county to county. However, the average time in California to get a DUI expunged is only 6-12 weeks from the time the moving papers are filed with the court. Thus, the sooner you start the DUI expungement process, the sooner you will be able to put this mistake behind you.
Do You Need A DUI Expungement Attorney
The title of this article is "How to Expunge a DUI" and that question has not been answered. Many types of criminal convictions, such as simple petty theft, disturbing the peace, etc. are much more qualified for the do-it-yourself warrior, but a DUI expungement is highly discretionary, and will often require the assistance of an attorney.
The fact is that California Penal Code section 1203.4 was recently revised, making the expungement process highly discretionary for judges, and much more difficult to obtain (A.B. 645, 2007). For most other types of crimes (even most felonies) a petition for dismissal (expungement) pursuant PC 1203.4 must be granted if the probationary term was completed without incident, and DUI convictions used to be included in this. Today, to get a DUI expunged one must now present a strong and compelling case to the court, as a DUI expungment is now highly discretionary. Consequently, it is a very good idea to hire a DUI expungement attorney that specializes in this unique area of law.
That being said, if you are overly industrious, have a large amount of time to burn, and do not mind speaking in public (at hearings), then you may be able to pursue expunging your DUI on your own. A good resource to check out if you want to try and do-it-yourself is the local courthouse where the conviction occurred. You can go down to the criminal clerk's window during operating hours (check out their website) and the clerk can often point you in the right direction to get started. Click here for more information about DUI expungement in California.
The fact is that California Penal Code section 1203.4 was recently revised, making the expungement process highly discretionary for judges, and much more difficult to obtain (A.B. 645, 2007). For most other types of crimes (even most felonies) a petition for dismissal (expungement) pursuant PC 1203.4 must be granted if the probationary term was completed without incident, and DUI convictions used to be included in this. Today, to get a DUI expunged one must now present a strong and compelling case to the court, as a DUI expungment is now highly discretionary. Consequently, it is a very good idea to hire a DUI expungement attorney that specializes in this unique area of law.
That being said, if you are overly industrious, have a large amount of time to burn, and do not mind speaking in public (at hearings), then you may be able to pursue expunging your DUI on your own. A good resource to check out if you want to try and do-it-yourself is the local courthouse where the conviction occurred. You can go down to the criminal clerk's window during operating hours (check out their website) and the clerk can often point you in the right direction to get started. Click here for more information about DUI expungement in California.
