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      California DUI Expungement

      As a California driving under the Influence offender, you have the ability to expunge your previous DUI case, whether it is considered a misdemeanor or felony.   Our California DUI Defense Attorneys are here to answer any questions you may have regarding DUI expungements as we are both experienced and knowledgeable in all aspects of a DUI case.

      What is a DUI Expungement?

      The basic definition of an expungement is that it the sealing of criminal records so that it is not publically available.  Just as each drunk driving in California case is unique, each expungement case differs and the expungement results may vary depending on the details of the case.

      The California Penal Code Section 1203.4 states “[DUI offender 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; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided…”

      How Can I Get My DUI Case Expunged?

      Once a California DUI offender has been granted probation after being convicted of a misdemeanor, they may be eligible for an expungement as long as the driving under the influence offender has fulfilled all conditions of probation or has been discharged before the termination probation or if the court determines that the offender should be granted an expungement.

      When Am I Not Eligible for an Expungement?

      As a DUI offender, you are NOT eligible for an expungement if:

      1. You are still serving a sentence for a criminal offense or is still on formal or informal probation for any offense, or is charged with the commission of any offense
      2. Your  probation was revoked and not reinstated
      3. You were arrested  and convicted of a new crime within one year of the former  judgment
      4. There is an outstanding warrant for your arrest
      5.  Failed to appear or pay fees/fines to the DMV
      6. The record of the conviction continues to exist and continues to have certain effects
      7. The conviction is for an infraction (a criminal offense for which a jail sentence may not be imposed) or for a violation of California’s VC Sections 2800, 2801, or 2803

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      There are particular conditions that must be met in order for an expungement to be granted in a California DUI case. Also, it is important to keep in mind that even if your DUI charge is expunged, it will still count against you as a prior offense if you are convicted of DUI again at any time in 10 years from which it occurred. Additionally, the expungement does not absolve you in cases where the DUI charge counts as part of California’s three-strike laws. Only an attorney who is reputable and skilled in the process of California DUI law will be able to advise you if your situation qualifies for an expungement. However, if you have been convicted of DUI in California, an expungement may be just the solution you need to help you get your life headed in the right direction again after your DUI conviction.

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      The information on this California DUI Attorney / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.