DUI Lawyer | Joel Brand, Esq.

Expunging a DUI Conviction

A DUI conviction can have long-lasting consequences, affecting your ability to find employment, secure housing, or obtain professional licenses. Fortunately, California law provides a mechanism for individuals to expunge a DUI conviction from their record, offering a second chance for those who meet specific criteria. This article provides a comprehensive guide to the process of expunging a DUI conviction in California, including eligibility requirements, the legal process, and the impact of expungement.

What is Expungement?

Expungement, under California Penal Code § 1203.4, allows an individual to have their criminal conviction dismissed. Once expunged, the conviction is no longer considered active, and the court updates the record to show that the case was dismissed. However, expungement does not completely erase the conviction from your record. It still may be considered in certain legal contexts, such as subsequent DUI offenses or in professional licensing matters.

Eligibility for DUI Expungement

To qualify for expungement of a DUI conviction, you must meet several key criteria:

  1. Completion of Probation:
    • You must have successfully completed probation. This includes fulfilling all court-ordered requirements, such as paying fines, attending DUI school, completing community service, or serving any required jail time.
    • If you violated your probation, expungement is still possible, but the court has discretion to grant or deny the petition based on the severity and circumstances of the violation.
  2. No New Criminal Offenses:
    • You must not have any new criminal charges pending against you. Expungement is generally only available to those who have demonstrated they have moved past the criminal behavior associated with their conviction.
  3. No Imprisonment in State Prison:
    • Expungement is typically only available for those sentenced to county jail, probation, or other non-prison sentences. If you were sentenced to state prison, you may not be eligible for expungement but might qualify for other forms of post-conviction relief.

The Expungement Process

The process of expunging a DUI conviction involves several steps, beginning with determining eligibility and concluding with the court’s decision.

  1. Determine Eligibility:
    • Review your case to ensure you meet the basic eligibility requirements. This step might involve obtaining your criminal record, which can be accessed through the court or the California Department of Justice.
  2. Prepare and File the Petition:
    • File a petition for dismissal with the court where the conviction occurred. The petition must include details about your case, including the conviction date, the charges, and confirmation that you completed all probation requirements.
    • You will need to complete and file the appropriate forms, such as CR-180 (Petition for Dismissal) and CR-181 (Order for Dismissal), along with any required filing fees. In some cases, you may also need to file a declaration explaining why the expungement should be granted, particularly if there were probation violations.
  3. Service to the District Attorney:
    • The District Attorney (DA) who prosecuted your case must be served with a copy of the petition. The DA has the opportunity to review and object to your petition.
  4. Court Hearing:
    • In some cases, the court may schedule a hearing to review your petition. This is more likely if there were issues during probation or if the DA objects to the expungement. At the hearing, you or your attorney can present arguments supporting your request for expungement.
  5. Court Decision:
    • The court will either grant or deny the petition. If granted, the court will update your record to show that the conviction has been dismissed. If denied, you may need to address any deficiencies noted by the court and possibly refile the petition.

Impact of Expungement

Expungement offers significant benefits, but it is important to understand its limitations:

  1. Employment:
    • Once your DUI is expunged, you can legally answer “No” when asked by most private employers if you have ever been convicted of a crime. However, expunged convictions can still be considered in certain cases, such as when applying for government jobs or professional licenses.
  2. Licensing and Certifications:
    • Expungement does not automatically restore any professional licenses or certifications that were lost due to the conviction. However, it can be a positive factor in the application or reinstatement process.
  3. Subsequent Offenses:
    • If you are convicted of another DUI or similar offense, the expunged conviction can still be used to enhance sentencing. For example, a subsequent DUI within 10 years of the first can be treated as a second DUI, with harsher penalties.
  4. Immigration Consequences:
    • Expungement does not necessarily eliminate the immigration consequences of a DUI conviction. Non-citizens should consult with an immigration attorney to understand how expungement may impact their status.

Can You Expunge a DUI Conviction Without a Lawyer?

While it is possible to expunge a DUI conviction without a lawyer, the process can be complex. Filing the appropriate paperwork, understanding the nuances of your eligibility, and effectively presenting your case to the court may require legal expertise. A lawyer specializing in expungements can help ensure that your petition is complete, accurate, and has the best chance of success. Additionally, a lawyer can represent you at any hearings and respond to any objections from the DA.

Conclusion

Expunging a DUI conviction in California can provide significant relief by minimizing the long-term consequences of a criminal record. However, the process requires careful adherence to legal procedures and a clear understanding of eligibility requirements. Whether you choose to pursue expungement on your own or with the assistance of an attorney, understanding the steps involved and the potential impact is crucial for achieving a favorable outcome.

Citations

  1. California Penal Code § 1203.4.
  2. California Department of Justice, Office of the Attorney General.
  3. People v. Meyer, 424 P.3d 1110 (Cal. 2018).
  4. California Vehicle Code § 23152.
  5. People v. Butler, 43 Cal. App. 5th 1226 (2019).