DUI Lawyer | Joel Brand, Esq.

Get Your DUI Arrest Sealed

If you’ve been arrested for a DUI in California, you may be concerned about the long-term impact on your record. A DUI arrest can affect your employment, housing, and other aspects of your life. Fortunately, California law provides a mechanism to seal your DUI arrest record under certain conditions. This article will guide you through the process of sealing your DUI arrest record, the legal requirements, and the benefits of having your record sealed.

Understanding the Difference Between Expungement and Sealing

Before diving into the process of sealing a DUI arrest, it’s essential to distinguish between expungement and sealing:

  • Expungement: In California, an expungement typically refers to the process of dismissing a conviction under Penal Code § 1203.4. While an expunged conviction is no longer a public record, it is not entirely erased and can still be accessed by law enforcement and in certain legal situations.
  • Sealing: Sealing a record under Penal Code § 851.91 is a more comprehensive remedy. Once a record is sealed, it is as though the arrest never occurred. The record is no longer accessible to the public, and you can legally state that you have never been arrested.

Eligibility for Sealing a DUI Arrest Record

To be eligible for sealing a DUI arrest record in California, certain conditions must be met:

  1. No Charges Filed or Charges Dismissed: If the prosecutor did not file charges, or if the charges were dismissed without a conviction, you may be eligible to seal your arrest record.
  2. Acquittal: If you went to trial and were found not guilty, you are eligible to seal the arrest record.
  3. Favorable Termination: If the case was terminated in your favor for any other reason, you may be eligible.

Legal Basis for Sealing a DUI Arrest Record

California Penal Code § 851.91 provides the legal framework for sealing an arrest record. Under this statute, a person may petition the court to seal their arrest record if:

  • No criminal charges were filed.
  • Charges were filed but later dismissed.
  • The individual was acquitted.
  • The individual successfully completed a pretrial diversion program or another deferred entry of judgment program.

The Process of Sealing a DUI Arrest Record

Step 1: Gather Necessary Documents

To begin the process, you will need to gather relevant documents, including:

  • Arrest Records: Obtain a copy of your arrest records from the arresting agency.
  • Court Records: If charges were filed and later dismissed, obtain the court records showing the dismissal.
  • Proof of Completion of Diversion Program: If you completed a diversion program, obtain documentation proving successful completion.

Step 2: File a Petition

File a petition to seal your arrest record with the court. The petition should include:

  • Personal Information: Your full name, date of birth, and contact information.
  • Details of the Arrest: Information about the arrest, including the date, location, and arresting agency.
  • Legal Basis for Sealing: A statement explaining why you are eligible to have the arrest record sealed, referencing Penal Code § 851.91.
  • Supporting Documents: Attach all relevant documents, including arrest records, court records, and proof of completion of any diversion programs.

Step 3: Serve the Petition

Serve a copy of the petition on the law enforcement agency that made the arrest and the prosecuting agency. This step ensures that these agencies are notified of your request to seal the record.

Step 4: Attend a Hearing

The court may schedule a hearing to consider your petition. During the hearing, you will have the opportunity to present your case and provide evidence supporting your eligibility to have the arrest record sealed. The prosecuting agency may also present arguments against sealing the record.

Step 5: Court Decision

After reviewing the petition and considering any arguments presented, the court will make a decision. If the court finds that you meet the eligibility criteria and that sealing the record serves the interests of justice, it will issue an order to seal the arrest record.

Benefits of Sealing a DUI Arrest Record

Sealing your DUI arrest record can have several significant benefits:

  1. Privacy Protection: Once sealed, the arrest record is no longer accessible to the public, employers, landlords, or other entities conducting background checks.
  2. Employment Opportunities: You can legally state that you have never been arrested for a DUI, which can improve your chances of obtaining employment.
  3. Housing Opportunities: Landlords will not see the DUI arrest on background checks, improving your chances of securing housing.
  4. Peace of Mind: Sealing the record provides peace of mind, knowing that the arrest will not impact your future.

Challenges and Considerations

While sealing a DUI arrest record offers many benefits, there are some challenges and considerations to keep in mind:

  • Opposition from Law Enforcement or Prosecutors: The law enforcement agency or prosecutor may oppose your petition, requiring you to present a strong case at the hearing.
  • Legal Assistance: Navigating the legal process of sealing an arrest record can be complex. Hiring an experienced DUI attorney can increase your chances of success.
  • Time and Effort: The process of gathering documents, filing the petition, and attending a hearing can be time-consuming and require significant effort.

Conclusion

Sealing a DUI arrest record in California can significantly improve your privacy and future opportunities. Understanding the eligibility criteria, legal basis, and steps involved in the process is crucial. If you believe you are eligible to seal your DUI arrest record, consulting with a knowledgeable DUI attorney can help you navigate the process and achieve the best possible outcome.

References

  1. California Penal Code § 851.91
  2. California Penal Code § 1203.4
  3. California Vehicle Code § 23640
  4. People v. Adair (2003) 29 Cal.4th 895