Getting your DUI “expunged” or removed from most public records can be a powerful form of relief after a conviction, as it prevents your DUI from negatively impacting your life. If certain requirements are met, an expunction can be used for any misdemeanor version of DUI and some felonies.
If you’ve been convicted of an impaired driving offense, you might be asking yourself, “How do I get my DUI expunged in California?” The short answer is to hire an experienced Los Angeles DUI lawyer. An attorney can provide the guidance and representation you need to get your DUI expunged.
How Do I Get My California DUI Expunged?
Determining how to get your DUI expunged in California can be difficult. Fortunately, an attorney can make the expungement process as simple as possible. Although California does not have a waiting period required before you and your lawyer can petition the court to expunge your DUI, there are some basic requirements you’ll have to follow.
Before you can begin the expunction process, you must have completed all your DUI-related punishments and paid all fines associated with the conviction. A knowledgeable lawyer can ensure that you meet these requirements.
According to California Penal Code 1203.4, you must meet the following requirements to have your DUI expunged:
- You have already served all penalties and requirements for your DUI, including jail, fines, DUI school, etc.
- You have completed the full 3-5 year probation term you were given.
- You are not currently facing any other criminal charges or serving any other criminal penalties, even for an unrelated crime.
- Your DUI offense did not include state prison time.
If you meet these requirements, you can request an expunction. However, the paperwork for this is complicated, and mistakes can set your expunction back by months or longer. It is best to have an experienced Los Angeles DUI lawyer help you understand how to get a DUI expunged in California.
How a Lawyer Can Get Your DUI Expunged in California
Even if you meet all the requirements for expunction, it will be difficult for you to have your DUI expunged without the help of a seasoned legal advocate. A lawyer can take the following steps to ensure you have the best chance possible of getting your DUI expunged:
- Request a dismissal of your charge
- Request early termination of your probation if needed
- Attach a statement that you meet all requirements and a personal statement as to why the expunction will help your career or your family
- Deliver copies of the paperwork to the prosecutor and the probation department to give them a chance to contest it
Once an attorney has taken these steps, it’s highly likely that your DUI will be expunged. If your lawyer is able to get your DUI expunged, you’ll enjoy a number of benefits that make your life and career path much easier to navigate.
Benefits of Expunging Your DUI
As you’ve probably realized by now, DUI convictions make it difficult to live your life and earn a living. For example, if you are in college, having a DUI on your record can make you ineligible for federal financial aid.
A drunk driving conviction can also make it difficult to find a new job, especially one where your duties include driving for work, as most employers will choose not to hire someone with a known DUI past. Expunging a DUI conviction can remove a lot of the obstacles you’re currently facing.
Here are some of the benefits you’ll enjoy once your DUI is expunged:
- Your DUI will not show up on most public background checks.
- Most employers won’t be able to hold your DUI against you when handling hiring, firing, or promotions
- Landlords won’t consider your DUI when deciding if they will rent to you
- You may be eligible for professional licenses or public employment that you would otherwise not be eligible for
Keep in mind that expunging a DUI does not entirely remove it from your record. There are limits to who can and can’t see the expunged conviction. However, even when people discover your DUI, it usually means they cannot legally hold it against you.
Limits of Expunging a DUI
Knowing how to get a DUI expunged in California can help you remove a number of obstacles from your life. That said, the benefits of expungement are limited.
While an expunged DUI does not show up in most background checks for work or renting a home, it can still be visible to entities such as the court system, insurance companies, professional licensing organizations, and government agencies.
In order to protect the public, especially from repeat DUI offenders, even misdemeanor convictions are not completely wiped from all records. Here are some examples of instances where expunging a DUI does not help you.
Future Arrests
California uses a “prior” system, meaning penalties are more severe for repeat DUI offenders. Even an expunged conviction can increase the severity of your future DUI sentencing, as the offense will still be visible to the court and prosecution.
Similarly, law enforcement officers can see your expunged DUI on your criminal record any time they pull you over or run your name in their system.
Insurance Rates
Unfortunately, expunging a DUI will not decrease your insurance rates. If your rates were raised after your insurance company found out about your conviction, you’ll still have to pay the same amount once the offense is cleared from your record.
In California, a DUI will remain on your driving record for 10 years, even when you have successfully expunged it. Insurance carriers may even decide to decline coverage completely, especially if you have multiple DUI convictions.
Applying for Government Jobs
Most government and public job applications require you to disclose your expunged DUI. For example, if you’re considering applying for a job in law enforcement, you must still disclose your expunged DUI. If you don’t disclose your expunged conviction, you could face perjury charges.
When applying for a government job with a DUI, you will likely be turned down for the job. However, an expunged DUI may not be held against you, and you could still get the job even after you disclose the offense.
That said, the final decision is up to the individual employer as it puts them at potential risk if they knowingly hire someone with a DUI conviction in their background.
Professional Licenses
You will also need to disclose your DUI conviction history when applying for certain professional licenses, such as a bar license for attorneys or a real estate license. In these situations, having your DUI expunged will make it easier to get the license you’re applying for.
Military Service
While it is still possible to join the US military with an expunged DUI, you will still have to disclose it when you enroll. If you do not, it will still appear on the background check that is conducted when you apply to serve.
While you will not necessarily be denied entry for having an expunged DUI, the US military may reject your application if you have a past substance abuse problem. Having a DUI on your record can make it hard for you to obtain a driver’s license, which could substantially affect your ability to serve.
Likewise, a criminal record could stop you from obtaining certain security clearances, which could keep you from advancing in rank or completing other duties.
Some Felony DUIs Can’t Be Expunged
It’s important to note that some felony convictions may be impossible to expunge. Generally, if you served time in state prison for a felony offense, you cannot get the conviction expunged. Since all California felony DUI offenses carry the possibility of state prison time, they often do not qualify for expunction.
How Expensive Is it to Get My DUI Expunged in California?
As you might expect, there are fees associated with having a DUI expunged. You’ll have to pay filing fees to the court, which can vary depending on location. A knowledgeable lawyer can review
your situation and estimate how much it will cost to get your conviction expunged.
While you can pursue an expungement by yourself, it can be helpful and faster if you hire a DUI lawyer to advise you. Law firms charge for this service, and fees range from a few hundred dollars to over a thousand. That said, reliable guidance is well worth the cost, especially considering the fresh start expungement can provide.
How to Avoid a DUI Conviction in the First Place
While it is possible to get your DUI conviction expunged from your record, it’s much easier to avoid a criminal conviction in the first place. To do so, you’ll want to hire a skilled DUI defense lawyer to represent you during legal proceedings and trials. Here’s what a skilled Los Angeles DUI lawyer can do to protect you from a serious conviction:
- Investigate the incident you were arrested for
- Collect evidence, including blood alcohol test (BAC) results, witness testimony, video footage of the incident, and other records
- Analyze evidence and construct a compelling defense strategy on your behalf
- Use evidence to challenge the arresting officer’s conduct
- Represent you during administrative hearings and other proceedings
- Negotiate a plea deal with prosecutors
- Present evidence and convincing legal arguments in court
- Fight to get your charges dropped or reduced
- Answer any questions you have about your DUI defense case
- Explain how to get your DUI expunged in California if you are convicted
We Know How to Get a DUI Expunged in California
If you’re facing DUI charges, you’re probably nervous about your case and the impacts that a conviction can have on your future. Fortunately, a skilled attorney can help protect you from a conviction that could hurt your reputation, financial stability, and career.
However, even if you are convicted of a DUI, you can still attempt to have it removed from your criminal record. If you’re asking yourself, “How do I get my DUI expunged in California?” we can help you. Contact a Los Angeles DUI lawyer today to learn more about getting your conviction expunged.
