Is It Possible to Have a DUI Conviction Expunged in California?
Even in misdemeanor cases, driving under the influence (DUI) is considered a serious offense in California. However, under certain conditions, individuals who have been convicted of a misdemeanor or felony DUI may have the opportunity to have their conviction expunged (i.e., sealed) once they have fulfilled their sentence.
Simply put, you can expunge your California DUI conviction once you complete your term of probation. After your DUI conviction is expunged, it cannot be used against you by employers for hiring or promotion purposes.
However, the conviction still counts as a DUI prior. This means if you pick up another DUI within ten years, it will be treated as a second criminal offense, even though the first DUI was expunged.
In other words, in California, you should be able to get a misdemeanor or felony DUI expunged if you completed probation, which in drunk driving cases usually involves paying fines, DUI School, AA or NA counseling, alcohol or drug testing, MADD program, community service, or Caltrans work.
The other eligibility requirement for a DUI expungement is that you either did not serve time for the offense in state prison or served time in state prison but would have served it in county jail after the implementation of "realignment" under Proposition 47.
Thus, serious felony DUI cases might not be eligible for expungement if you served time in prison. This is typically the case if the incident caused a serious injury or death.
Notably, if you instead have a wet reckless conviction (DUI plea bargain), you should be eligible for expungement after you complete probation.
As of July 2023, SB 731 now provides for the automatic sealing of most misdemeanor records after one year and felony records after four years.
However, Under California Penal Code Section 1203.4, eligible individuals convicted of a DUI may petition the court to expunge their record once they have completed probation. Here's what you need to know.
What are the Eligibility Criteria for an Expungement?
To qualify for DUI expungement in California, you must meet the following criteria:
- Completion of Probation: You must have completed all the terms of your probation. This includes paying fines, completing court-ordered programs (such as DUI school), performing community service, and fulfilling any other conditions imposed by the court.
- No Additional Criminal Charges: You should not have any pending criminal charges or have been convicted of another offense during the probation period. A clean criminal record post-probation is essential for the court to consider expungement.
- No Sentence to State Prison: Expungement is available to those who were not sentenced to serve time in state prison. Instead, your sentence must have been served in a county jail or through probation. The exception to this provision is if you served time in prison but would have otherwise served it in county jail under California's "realignment" law (Proposition 47).
What Does DUI Expungement Do?
An expungement of a DUI in California essentially means that your DUI conviction is dismissed or set aside. Once a judge grants the petition and dismisses the conviction, all records related to the conviction are sealed and removed from public records so they will not show up in employment background checks. You can also legally state that you were never convicted of DUI.
What DUI Expungement Does NOT Do
Having your DUI record expunged does not completely eradicate all the potential consequences of DUI; it only removes the conviction from your criminal record. Here's what doesn't change after expungement:
- It doesn't restore your driving privileges. If your license was suspended or revoked because of the DUI (which typically happens), that penalty remains in effect.
- It still counts as a "prior" DUI. If you're arrested and charged with DUI again within ten years, your expunged DUI counts as a prior offense.
- It may still impact your ability to get professional licensing or teaching credentials. Professional licensing boards can still see the DUI, and it may affect their decision to issue a license.
Sealing vs. Expungement
In California, the term "expungement" is often used interchangeably with "sealing" of records. However, it is more accurate to use the word "sealing."
The term "expungement" technically means the conviction record is destroyed as if it never existed, and California does not do that. Instead, it allows for the sealing of eligible records rather than a complete erasure.
However, the practical effect of both processes is similar: the conviction is effectively removed from public criminal records and, therefore, will not appear in most background checks conducted by employers, landlords, or other entities.
While the records are not completely erased and can still be accessed by law enforcement and in certain legal contexts, the impact on your day-to-day life is minimized.
What is the Process of DUI Expungement in California?
Even if you meet the eligibility criteria for a DUI expungement, it is not a guarantee. A judge must review and approve your petition. The process follows a series of steps:
- Step 1: Filing the Petition. You will file a petition for expungement with the court that handled your DUI case. This requires completing the appropriate forms, including a "Petition for Dismissal" under Penal Code Section 1203.4, and paying a filing fee, which varies by county. If you cannot afford the fee, you may apply for a fee waiver.
- Step 2: Serving the Petition. After filing, you must serve a copy of the petition to the District Attorney's office in the county where you were convicted. This step allows the prosecution an opportunity to review your petition and object to it if they see fit.
- Step 3: Court Review. A judge will review your petition to determine whether you are eligible for expungement and whether granting the petition is in the interest of justice. In some cases, the court will make a decision based on the documents filed, while in other situations, a court hearing may be required.
- Step 4: Court Decision. If the court grants your petition, the following things will happen: If your conviction stemmed from a plea of "guilty" or "nolo contendere," you will officially withdraw your plea and re-enter a plea of "not guilty." If your conviction resulted from a verdict by a jury or bench trial, the judge will set aside the conviction. Your criminal records will then soon be updated, and the conviction will be removed from view.
If the court is willing to grant you early termination of probation, you should be able to expunge your conviction earlier. Misdemeanor summary probation for a drunk driving conviction typically lasts three years.
To get an early termination of DUI probation, you must file a petition with the court. However, most judges require you to serve a complete term of probation before granting an expungement petition and dismissing the case. For additional information, contact our law firm, Eisner Goring LLP, based in Los Angeles, CA.
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