When it comes to A DUI conviction, after your probation is over, your attorney can file a motion to expunge the case.
There is no such thing as a true expungement in California, meaning that the conviction is not completely taken off your record.
If your expungement for dismissal is granted, your guilty or no contest plea is taken back, a not guilty plea is put in its place, and the matter is dismissed.
If someone were to run your criminal record, they would see that you had a DUI but that you got the case dismissed.
You have to be off of probation before you're eligible to seek expungement. Even though you got the case expunged or dismissed, if you pick up a new DUI in a 10-year span, they can charge you with a second time DUI.
How Does The California DUI Expungement Process Actually Work?
In order to apply for a dismissal, a form has to be filled out properly. You have to be eligible for the expungement. You can't be on probation in that particular case or any other case.
The court will see if you violated your probation while you were on probation for that particular crime, and the judges can deny the expungement based on any violations.
The form will be sent to the courthouse and the judges take turns evaluating and ruling on the expungement. A lot of times, we'll get notices from the court saying that there's going to be a hearing and the judge will be ruling on your expungement or dismissal motion.
They will send notice to your lawyer as to whether or not the expungement is granted.
If it is granted, it will be stamped by the Superior Court and you'll be in a position to be able to show any employer that your case has been dismissed by the court.
What Happens If I Get A Subsequent DUI Offense And The Prior One Has Been Expunged?
If you get your case expunged or dismissed and then you pick up a new DUI case, they always look back 10 years, in California.
If you had a DUI conviction during that timeframe, they're going to count it against you, regardless of whether or not you've gotten the case expunged or dismissed.
The prosecutors are still going to be able to consider that in deciding how they want to deal with the new criminal case.
They won't be able to use it as a prior to make it a second time DUI but they certainly see it and can consider it.
Can Early Termination Of My Probation Help Me Get My DUI Expunged Any Earlier?
If you had your probation terminated early, that would be one of the factors you need in order to seek a DUI expungement or dismissal.
However, at least a year has to go by from the time that you were convicted of your DUI in order to be eligible to get your case expunged.
The legislature has indicated that you need to be on probation for at least three years related to a DUI.
They'll argue against terminating your probation early in a DUI case and they'll usually be successful unless you've got some really compelling reason why you can't be on probation anymore. The courts will typically deny the motion.