Can I Get My DUI Expunged in California?
Even in misdemeanor cases, DUI remains a serious offense in California. However, under specific conditions, those convicted of misdemeanor or felony DUI might qualify to have their conviction expunged (sealed) after completing their sentence.
In simple terms, you can erase your California DUI conviction after finishing your probation period. Once expunged, this conviction cannot be used by employers against you when hiring or promoting.
However, the conviction still counts as a prior DUI. This means that if you are charged with another DUI within ten years, it will be considered a second offense, even if the first DUI was expunged. Our Los Angeles DUI lawyers will review this topic further below.
Key Takeaways
- In California, you can have a misdemeanor or felony DUI expunged if you have completed probation. This typically includes paying fines, attending DUI School, participating in AA or NA counseling, undergoing alcohol or drug testing, completing a MADD program, doing community service, or working for Caltrans.
- Another eligibility criterion for DUI expungement is that you either did not serve time in state prison for the offense or served time in state prison but would have been confined in county jail following the implementation of "realignment" under Proposition 47.
- Serious felony DUI cases may not qualify for expungement if you served time in prison, especially if the incident resulted in a serious injury or death.
- If you have a wet reckless conviction (DUI plea bargain), you should become eligible for expungement once you finish probation.
- As of July 2023, SB 731 allows for the automatic sealing of most misdemeanor records after one year and felony records after four years.
- Under California Penal Code Section 1203.4, eligible DUI offenders can petition the court to expunge their record after completing probation.
What are the Eligibility Criteria?
To be eligible for DUI expungement in California, you need to satisfy these requirements:
- Completion of Probation: You need to fulfill all probation requirements, including paying fines, completing court-mandated programs like DUI school, performing community service, and satisfying any other conditions set by the court.
- No New Criminal Charges: You should not have any pending criminal charges or convictions during the probation period. A clean criminal record after probation is necessary for the court to consider expungement.
- No State Prison: Expungement is available for individuals who were not sentenced to state prison. Instead, their sentence must have been served in a county jail or through probation. The only exception is if you were imprisoned but would otherwise have been sentenced to county jail under California's "realignment" law (Proposition 47).
What Is the Purpose of DUI Expungement?
In California, expunging a DUI effectively means that your conviction is dismissed or set aside.
After a judge approves the petition and dismisses the case, all records associated with the DUI are sealed and removed from public records, which can improve your chances during employment background checks and licensing applications.
Additionally, you can legally claim that you were never convicted of a DUI.
What DUI Expungement Does Not Do
Expunging your DUI record does not eliminate all possible consequences of a DUI; it simply removes the conviction from your criminal record. Here's what remains unaffected after expungement:
- Your driving privileges are not restored. If your license was suspended or revoked due to a DUI (which usually occurs), that penalty continues to be in effect.
- An expunged DUI still counts as a "prior" DUI. If you're arrested and charged again within ten years, this previous expunged offense will be considered a prior DUI.
- Your DUI could still influence your chances of obtaining professional licensing or teaching credentials. Licensing boards can view the DUI record, which might impact their decision to grant a license.
Sealing versus Expungement
In California, people often use 'expungement' and 'sealing' of records as synonyms. However, the correct term to use is 'sealing.'
The term "expungement" technically refers to completely destroying the conviction record as if it never existed, but California does not do this.
Instead, it permits sealing of eligible records, not their full erasure.
However, both processes practically achieve the same result: the conviction is effectively erased from public criminal records and will generally not show up in background checks by employers, landlords, or other entities.
Although the records are not fully erased and remain accessible to law enforcement and in some legal situations, their effect on your daily life is minimal.
What Is the Process for Expunging a DUI?
Meeting the eligibility criteria for a DUI expungement does not guarantee approval. A judge must review and approve your petition through a series of steps.
- Filing the Petition: You will submit a petition for expungement to the court that processed your DUI case. This involves filling out the necessary forms, such as a "Petition for Dismissal" under Penal Code Section 1203.4, and paying a filing fee that differs by county. If you are unable to afford the fee, you can request a fee waiver.
- Serving the Petition: After filing, you are required to serve a copy of the petition to the District Attorney's office in the county of your conviction. This provides the prosecution with a chance to review your petition and raise any objections if they choose.
- Court Review: A judge will evaluate your petition to decide if you qualify for expungement and if granting it serves justice. Sometimes, the court makes a decision based on submitted documents, while other times, a hearing may be necessary.
- Court Decision: If the court approves your petition, these steps will follow: For convictions based on a plea of "guilty" or "nolo contendere," you will formally withdraw that plea and enter a "not guilty" plea. If your conviction came from a jury or bench trial, the judge will vacate the conviction. Your criminal records will soon be updated accordingly, and the conviction will be removed from public view.
If the court agrees to grant you early termination of probation, you may be able to expunge your conviction sooner. Usually, misdemeanor summary probation for a drunk driving conviction lasts three years.
To request early termination of DUI probation, you must submit a petition to the court. However, most judges typically require the entire probation period to be completed before they will consider an expungement and dismiss the case. Contact the Hedding Law Firm for a case review.
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