If you have a DUI conviction on your record that is interfering with employment or perhaps immigration, you may be wondering if you can get a DUI expunged in California. The answer is maybe. There is not right to have a DUI expunged, but it is possible to have one granted under certain circumstances. This article will walk you through some of the important questions, but consult with an attorney to find out if you can get your DUI expunged.
- What is expungement?
California Penal Code 1203.4 lists the circumstances in which a defendant (the person who committed the crime) can have their offense dismissed and be released from the penalties resulting from the offense.
- Do I have the right to have my DUI expunged?
No, you do not have the right to have a DUI expunged. The court has discretion, which means that the court can look at the circumstances and decide whether or not to grant your request. This means that you have a chance, but there are no guarantees.
- Should I petition the court now?
- You have to be finished complying with all the conditions that were imposed upon you at sentencing. This includes:
- Fines have to have been paid.
- Counseling completed.
- Community service if applicable is done.
- Competition of any probation.
- Completion of any other requirement of the court.
- You are not currently charged with, on probation for, or serving a sentence for another offense.
- You did not commit new crimes while on probation.
- What is the interest of justice that is considered by the court in determining whether to grant my petition?
- The interest of justice is not specific, but there are factors that weigh in whether a court will consider an expungement in the interest of justice:
- The length of time since the DUI
- Employment considerations
- Family considerations
- The circumstances of the DUI itself
- What is the process?
- You will likely want to hire an attorney to assist you with the paperwork.
- You request a dismissal of your charge, which is called a petition for relief.
- The prosecuting attorney is allowed a certain amount of time to respond.
- What are the limits of what an expungement can do for me?
Getting your DUI expunged may help you in meeting your employment, licensing or educational goals. However, getting the DUI expunged will not prevent your sentence from being enhanced in the event that you get a subsequent DUI in the future. Also, it is rare that expungement lowers your insurance rates. Although your conviction has been dismissed, it may still be accessible through public records.
