DUI Expungements in California
Is it possible to expunge a DUI in Los Angeles? It is absolutely possible to expunge a DUI in any of the Los Angeles courthouses.
However, where people typically run into problems is when they try to expunge their DUI before their three year probation is completed.
Prosecutors across Los Angeles will object if a person tries to terminate their probation early and expunge their case.
It should be noted that as of January 1, 2018 AB 1008 prohibits employers from inquiring into an applicants criminal history before the employer has offered a position to the applicant.
- Is It Possible To Have A DUI Conviction Expunged In Los Angeles?
- Can You Ever Get A Los Angeles DUI Off Your Record?
The reason they object is 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 and 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 is breaking his or her 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.
In order 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 hire an attorney who knows how to file the expungement request properly.
Even when your expungement is granted, you will still have the DUI for purposes of “priorability”.
This means that if you get another one, it will be treated as a second offense and you will be facing a higher 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.
Meaning that 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 name on the forms for expungement to dismissal. If the court grants your motion for expungement of your case, then that order has the effect of taking back your guilty or no contest plea and replacing it with a not guilty plea and dismissing your criminal conviction.
By going though this process and being successful you are doing the best you can do towards putting your DUI behind you and moving on with your life.
If you are asked in the future regarding your criminal record, you can say that you have no record, unless you are contracting with the lottery, seeking a public office or applying for a state license.
In general, 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 because if your prospective employer has the ability to properly search your name, they will likely find the arrest and see that it was dismissed.
Request Seal and Destroy of Record
It is unfortunate that an expungement does not completely wipe out your conviction. And, the only way to get rid of it completely is to ask the police to seal and destroy your record or the court that heard your case to seal and destroy your record.
Though this is a viable request, they are nearly impossible to get the court to grant. If you have any question related to 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 can properly advise you.
Having a DUI on your record can effect you in your career opportunities. We are here to help get your DUI off your record, also referred to getting it expunged.
See How Our DUI Defense Law Firm Can Help
If your looking to expunge your DUI conviction, it is important that an experienced DUI expungement attorney help you.
Our drunk driving lawyers have a combined 75 years of experience and we handle DUI cases and DUI expungements on a daily basis.
An expungement is a complicated process that requires an attorney that is knowledgeable and experienced in this area.
Our law firm understands the process we need to take to clear your DUI conviction.
There are several requirements you must meet in order to get your DUI conviction expunged. All sentences and penalties must be completed resulting from the conviction.
Also, a felony DUI can not be expunged.
Call our DUI lawyers for a free face to face consultation so we can further explain and break down all your options for you and what exactly you can and can not get expunged.