DUI Expungements in California
Is it possible to expunge a DUI in Los Angeles? It is possible to expunge a DUI in any Los Angeles courthouse. However, people typically run into problems when they try to expunge their DUI before their three-year probation is completed.
Prosecutors across Los Angeles will object if they try to terminate their probation early and expunge their case. As of January 1, 2018, AB 1008 prohibits employers from inquiring into an applicant's criminal history before the employer offers a position.
They object because the legislature in California has made it clear that they want people to be on probation for three years for a first DUI offense.
Therefore the prosecutors will argue that the law is clear that the person must be on probation for three years. If the court terminates their probation early, then the people of the State of California are not getting what the legislature has decided the proper punishment should be.
Then, the defendant broke their promise when they negotiated their original deal. Judges usually go along with this argument unless there is a real good reason not to do so.
Yet once the probation is over, a person stands a good chance of getting their DUI case expunged if they did what they agreed to do.
To have the best chance of being successful with an expungement request, you should have completed your probation, complied with all of the terms and conditions of your probation, and hired an attorney who knows how to file the expungement request properly.
Even when your expungement is granted, you will still have the DUI for “priorability.” This means that if you get another one, it will be treated as a second offense, and you will be facing a severer and more harsh punishment.
Case Dismissed on Criminal Record
Does an expungement completely wipe the conviction from your record? In California, there is no such thing as a true expungement.
Even though you successfully get the judge to grant the expungement, it will still show on your criminal record as a dismissed case.
Hence, the courts and legislature have changed the names on the expungement forms to dismissal. If the court grants your motion for expungement of your case, that order takes back your guilty or no contest plea, replaces it with a not guilty plea, and dismisses your criminal conviction.
By going through this process and being successful, you are doing your best to put your DUI behind you and move on with your life.
If you are asked in the future regarding your criminal record, you can say that you have no description unless you are contracting with the lottery, seeking a public office, or applying for a state license.
It is probably best to admit your conviction and then say that you had it successfully dismissed from your record. The reason for this is that if your prospective employer can properly search your name, they will likely find the arrest and see that it was dismissed.
Request Seal and Destroy of Record
Unfortunately, an expungement does not entirely wipe out your conviction. And the only way to get rid of it is to ask the police to seal and destroy your record or for the court that heard your case to close and destroy your history.
Though this is a viable request, they are nearly impossible to get the court to grant. If you have any questions about expungements or anything related to your DUI, it does not make sense to spin your wheels.
You should contact a DUI lawyer who knows the system and adequately advises you. Having a DUI on your record can affect your career opportunities. We are here to help get your DUI off your record, also referred to as getting it deleted.
See How Our DUI Defense Law Firm Can Help
If you're looking to expunge your DUI conviction, an experienced DUI expungement attorney must help you. Our drunk driving lawyers have a combined 75 years of experience, and we handle DUI cases and DUI expungements daily.
An expungement is a complicated process that requires an attorney knowledgeable and experienced in this area. Our law firm understands the process we need to clear your DUI conviction.
There are several requirements you must meet to get your DUI conviction expunged. All sentences and penalties must be completed resulting from the sentence. Also, a felony DUI can not be erased.
Call our DUI lawyers for a free face-to-face consultation to further explain and break down all your options for you and what exactly you can and can not get deleted.