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CAN YOU ERASE A CALIFORNIA DUI?

POSTED BY THOMAS V. WALLIN || 30-JUN-2011

A criminal record can have drastic consequences on many aspects of daily life, particularly now that employers routinely conduct background checks. Fortunately, for some California DUI offenders, it is possible to essentially “seal” a prior criminal record through the process of expungement .

Under the laws in California, DUI offender may apply for such relief so long as (1) the DUI offender has fulfilled all the conditions of probation or has been discharged before the termination of probation, or (2) if the court in its discretion determines that the probationer should be granted this type of relief.

It is important to note that, although you are considered to have a “clean record” for most purposes after your record is expunged, your prior DUI conviction will still be counted if you are subsequently arrested for driving under the influence.

In addition, there are some cases in which a California DUI offender cannot have his or her DUI conviction expunged, including:

1. The California DUI offender is 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. Probation for the current application was revoked and not reinstated
3. The California DUI offender was arrested and convicted of a new crime within 1 year of the former judgment
4. There is an outstanding warrant for the arrest of the CA DUI offender
5. The DUI offender failed to appear or pay fees/fines to the Department of Motor Vehicles
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.

If you would like to expunge your California DUI conviction, it is important to speak with an experienced California DUI defense attorney.