How to Expunge DUI in California

If you were convicted of a DUI in the state of California, you may have the opportunity to expunge that from your record. DUIs can be difficult to move forward from because as long as it remains on your record it may be difficult for you to find employment, or you may be fired from your current job because of your new record. DUI expungement is an option in the state of California and we’ll tell you how you can take care of it.

Expungement is the official legal term for sealing conviction and arrest records. It removes the visibility of records and allows a person to honestly respond ‘no’ when asked if they’ve ever been committed of a crime. Each state has their own laws about expungement and what crimes can and cannot be removed from records. Certain charges may or may not be eligible, depending on your state.

If you are looking to get a DUI expunged from your record, your first step is filing a petition with the court. You’ll need to obtain all of the court documents pertaining to your case. You want to make sure you include all of the requested information, and pay the court fees. A copy of your petition will need to also be delivered to the prosecutor, and can be delivered by any adult, over 18 years of age, that is not yourself. The individual who delivers the petition must also fill out a ‘Proof of Service’ form that will be attached to the copy of the petition filed with the court. The copy can also be mailed to the prosecutor.

Before you can expunge the DUI you must complete your probation. In order to complete your probation you must pay a fine, incur a license suspension, complete an alcohol education program. In the state of California you may also be required to install an ignition interlock device. With the ignition interlock device you will have to breathe into the device before you are allowed to start your car. You will also be required to breathe into the ignition interlock device throughout your drive. Ignition interlock devices have been proven to lower the number of repeat offenders by disabling the ability to drive drunk because of the ignition interlock device.

An ignition interlock device installed in your vehicle will go a long way towards getting your DUI expunged from your record. The ignition interlock device will prevent you from being able to drive drunk, but will also provide you with a clean driving record, as long as you never attempt to drive after drinking. The DUI offender is responsible for any and all positive tests that appear on the ignition interlock.

After completing your probation, and all other parts of your sentencing the court will set a date for the judge to review your petition. DUI expungement in California is just like any other criminal expungement. Your case will be reviewed by a judge and if the judge grants your request you will be allowed to enter a new plea, and your guilty plea will be thrown out. You should know that while it will be removed from your record, it does not mean that is wiped clean. Employer’s may still be able to find it, and you would need to disclose the expunged DUI if asked pointed questions in applying for state licenses or public office.

Each expungement is different and can take a different amount of time. The average process takes 90 to 120 days, and your individual circumstances will affect the length of time it takes, but you can get the process moving quickest by following the terms of your probation, getting an ignition interlock device, and not getting another DUI.