QUESTION
Am I eligible for a DUI to be expunged on my record?
Asked on Jun 12th, 2012 on Criminal Law - California
More details to this question:
I was convicted of a DUI in 2009, my fees are paid in full and my probation is complete. Am I eligible for the DUI to be expunged from my record? How much does it cost and how long does it take?
7 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Some CA convictions, like your DUI, can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, 'remove' or erase the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn't disappear. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement, courts, background checks, etc. Expungement specifically does NOT restore firearms rights lost due to felony conviction. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may legally deny that you were arrested or convicted of the offense.
Answered on Jun 21st, 2012 at 9:33 AM
Criminal Defense Attorney serving Santa Ana, CA
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Law Offices of Paula Drake
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As long as you have nothing else pending, are not still on probation and did not have any violations on the probation for the DUI, you should be able to petition the court to withdraw the plea and dismiss the case per PC 1203.4. If granted, it will "expunge" the criminal conviction; however it still stays on the DMV record as a potential prior for 10 years. You should contact an attorney regarding the limitations of the expungement and to find out what they charge for fees. The fees will vary by attorney; the courts also charge a filing fee in most cases. Sometimes, if a petition is erroneously denied by the court, you may have to file an additional motion to reconsider. As far as how long the petition takes from filing to decision, it will vary by court. The average seems about six weeks.
Answered on Jun 20th, 2012 at 8:55 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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No, you cannot expunge DUI's and if you get another within years of the first one it is a Second and the punishment is steep.
Answered on Jun 20th, 2012 at 8:12 PM
You are. As long as you do not have anything criminal pending, and you are not on probation for anything else, you are eligible. Contact a DUI specialist to file the petition for you and to conduct the expungement hearing. The whole process takes about 2 months, and having a lawyer who knows what he is doing will get you the highest probability of success.
Answered on Jun 20th, 2012 at 8:11 PM
An Expungement in California is governed by Penal Code Section 1203.4. If you've completed all Terms and Conditions of your probation, did not violate your probation, and have completed your term of probation, then you should qualify for an expungement of that conviction. You will need to file Form CR-180 and CR-181 with the Court that handled your case, and serve an additional copy on the District Attorney. The DA will run a background check to confirm you have no new cases or charges, and then they should not object to the Court granting your request. There is usually a filing fee with the Court of $120.00 (but you should check with your court to confirm the fees). Typically, Attorney's charge anywhere from $300-$700 for this service, where you won't ever have to go to Court.
Answered on Jun 20th, 2012 at 8:09 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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If you have completed all the terms of your probation successfully and you are no longer on probation, then you are eligible to petition the court for a PC1203.4 dismissal. The fee can vary depending on what court you are in. For example, in Los Angeles County the filing fee is $120. I handle these for very affordable rates (currently for $800 which includes the filing fee). You can check out http://1duilawyer.com/practice-areas/expungement/ for more information on the process. Also, the length of time from beginning to end on this process can vary depending on which court the conviction was in.
Answered on Jun 20th, 2012 at 6:20 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. Fill out form CR-180, CR-181, pay $120 fee or fill out waiver and wait about 90 days. Relief is discretionary.
Answered on Jun 20th, 2012 at 6:14 PM