Understanding the long-term implications of a DUI conviction in California is crucial. This offense will remain on your DMV driving record for a decade from the date of the arrest. Even after this period, it may still be visible on your criminal record, which can affect your car insurance rates and your eligibility for certain licenses.
Despite the long-term implications, there's a glimmer of hope. In some cases, you can expunge the DUI from your criminal record, offering a fresh start. This is particularly beneficial if you're facing another DUI within 10 years, as it will be considered a prior offense, leading to more severe penalties.
This record can be viewed by the Department of Motor Vehicles, which may consider the conviction when making decisions on license suspensions, revocations, and reinstatements. Law enforcement can also view a DUI conviction on your driving record when they access it during traffic stops.
Car insurance companies will be aware of the conviction and may use this information to modify your insurance policy. Serious driving infractions can often lead to increased premiums. The DMV's record of your conviction will not appear on background checks; however, the original conviction will typically be visible on most employment and professional license checks, as it remains part of your criminal record.
Expungement
However, there is a ray of hope. A DUI conviction can be expunged from your criminal record, offering a fresh start and a chance to move on from the past. This applies to all degrees of DUI convictions, from felonies to misdemeanors.
An expungement will remove the conviction from your record, providing you with a clean record, provided you have no other prior convictions. This will enable you to apply for jobs and respond “No” to questions about your criminal history on job applications. The conviction will not show up on criminal record background checks.
The DUI conviction will still be considered in the event that you are arrested on DUI charges again in the future. The penalties for subsequent DUIs are higher than first-time offenses in California and most other states. Expunged DUIs are still considered prior convictions for DUI.
Expungement will not remove a DUI from your driving record. Fortunately, this will not affect background checks, but the DMV can still make decisions based on your conviction for ten years, even if the criminal record was expunged long before then.
In California, anyone with a misdemeanor or felony conviction may apply for expungement as long as they meet the following circumstances:
- You have completed probation for the offense, and
- Did not serve time in state prison for the offense, or
- Did serve state prison time, but would have received a county jail sentence following the implementation of realignment under Proposition 47.
Most DUI convictions in California meet these requirements, as most are charged as misdemeanors that carry DUI penalties of probation or a term in county jail. However, a DUI may be charged as a felony if someone was injured or if the defendant has a prior felony DUI conviction or at least three prior DUI or wet reckless convictions in the past ten years.
Expungement Process in California
Expungement is a legal process that allows you to petition the court to review your conviction. Understanding this process and your eligibility for expungement empowers you to take control of your situation and make informed decisions about your future. You will need to submit the following information from your criminal record when applying for expungement:
- The court where you were convicted.
- Conviction date.
- Your name.
- Case number.
- The section number.
If you were on DUI probation, you must state whether you were charged with any other offenses during your probation term. This information can be found in your court file with the California Judicial Branch or your Department of Justice “rap sheet.”
After you have gathered the required information, it's time to fill out and file your expungement petition and either pay the fee or file fee waiver forms. Your petition must be filed in the county in which you were convicted.
To expunge a misdemeanor conviction, you must file a Petition to Dismiss a Misdemeanor PC 1203.4. In order to apply for a felony DUI expungement, you must first petition the court to reduce your charge to a misdemeanor and then file the same misdemeanor petition for dismissal.
You should make two copies of your expungement petition, one for your records and one to provide to the prosecuting attorney. California law requires applicants to provide the prosecuting attorney with at least 15 days' notice before the judge considers the expungement petition.
You cannot serve this copy to the prosecuting attorney yourself. Someone else must do so on your behalf. A copy of the petition must be hand-delivered or mailed to either the City or District Attorney in the county where you were convicted.
DMV Record
As noted, a DUI conviction appears on your Department of Motor Vehicles (DMV) driving record for 10 years from the date of your arrest. During this period, the offense is visible to both the DMV and law enforcement agencies.
The 10-year mark is significant because it impacts how subsequent DUIs are handled. For example, any additional DUI offenses committed within this period will result in enhanced penalties, such as the following:
- Longer license suspensions,
- Increased fines, and
- More severe sentences.
Although this information is not publicly available, it can still have indirect consequences. For example, insurance companies can access your driving record and will likely increase your premiums significantly after a DUI conviction. Notably, there is no way to remove a DUI from your DMV record before the 10-year period ends.
Criminal Record
A DUI will also appear on your criminal record, categorized as either a misdemeanor or a felony, depending on the severity of the case.
A misdemeanor DUI is typically charged for a first or second offense without aggravating factors, while a felony DUI may be charged if someone was injured or if the defendant has a prior felony DUI conviction or at least three prior DUI or wet reckless convictions in the past ten years.
In the past, DUIs remained on a person's criminal record indefinitely unless they actively petitioned the court to expunge or seal the record.
Now, with the passage of California's Clean Slate Laws in recent years (AB 1076 and SB 731), changes were made to make rehabilitation more accessible and lessen the lifelong impact of criminal convictions, including DUIs.
After a criminal record is sealed, it will no longer appear in most background checks for employment, housing, and other non-criminal purposes, significantly reducing its impact on your future. Let's review criminal records related to misdemeanor or felony DUI below:
- Misdemeanor DUI. Criminal records are automatically sealed one year after the sentence is completed if all the conditions of the sentence, such as probation and fines, are satisfied, and no further offenses or violations have occurred within that timeframe.
- Felony DUI. Eligible felony DUI convictions are automatically sealed four years after the sentence is completed if there are no other violations or serious criminal activity occurred during the probationary period or post-sentencing timeframe.
While California's Clean Slate Laws provide automatic relief for many people, not all DUI records may qualify for this process.
Record Sealing
Suppose your DUI is ineligible for automatic sealing or there is a dispute over its eligibility. In that case, you have the option to petition the court for record sealing or expungement. Under Penal Code 1203.4 PC, you might have the right to petition for early record sealing before the automatic time frame if you have completed the terms of your probation and were not sentenced to state prison.
Our Los Angeles DUI lawyers provide you with the guidance and reassurance you need in the following ways:
- Eligibility. We can evaluate whether the specifics of your case align with Clean Slate criteria or other statutory provisions for relief.
- Petition. We can prepare and file a petition for record sealing or expungement, ensuring compliance with legal requirements.
- Advocating. We can present your case to the court, highlighting evidence of rehabilitation and other factors that support your petition.
A DUI conviction in California will remain on your criminal record indefinitely unless you take legal action to have the conviction removed through expungement. This applies to all degrees of DUI convictions, from felonies to misdemeanors. An expungement will remove the conviction from your record, providing you with a clean record and no other prior convictions.
For more information, contact our DUI defense attorneys at the Hedding Law Firm, located in Los Angeles, CA.
Related Content:
