A DUI conviction can hang over your head for years, but California may now allow it to be expunged from your record. While a DUI expungement will not affect how the DMV treats you, it can help your employment prospects. Read on to learn the process for DUI expungement, including who is eligible and what needs to be done.
Eligibility for DUI Expungement Requires Completed Probation
California’s expungement process allows anyone to withdraw their plea of guilty or no contest to a crime once their probation is completed. The law also allows a judge to set aside a prior conviction if you fought your case through to a trial.
If you have a DUI conviction on your record, you must have completed all probation requirements for your offense and fall into one of the following categories to be eligible for expungement:
- You did not serve time in state prison for the DUI
- You would not have been required to serve your jail time in state prison after California “realigned” its laws in 2011
Generally, the vast majority of people convicted of a DUI in California meet at least one of these criteria. However, certain aggravated DUI convictions still require state prison time and are therefore not eligible to be expunged. You should consult with an experienced criminal defense attorney to determine whether you are qualified to set aside your DUI conviction.
The Process for DUI Expungement in California
Once your DUI probation ends, you can immediately begin pursuing expungement. It is best to seek expungement as soon as possible, but even old DUI convictions can be set aside.
You will petition the court to get rid of the record of your conviction. After your petition is filed correctly, a judge will review your case. If the judge can confirm that you completed your probation and are eligible for expungement, they can grant your petition. This grant will either change your official plea to not guilty or set aside your trial verdict. The judge can then entirely dismiss your case.
Effects of Getting Your DUI Expunged
The downside to getting a DUI expunged is that it will not impact your rights to drive. If the DMV suspended your driver’s license permanently or for longer than your probation, the suspension would continue. Any restrictions on your driving will also continue after your conviction is expunged.
Expunging your DUI will not affect the penalties you face if you are charged with another DUI. The expunged conviction is still considered a prior offense, and the punishment will increase accordingly.
However, there are significant employment benefits to seeking a DUI expungement. Even though employers no longer can legally ask about previous arrests on job applications, they often find out. Once you are employed, a DUI conviction can prevent future promotions or raises.
An expunged conviction can be entirely hidden from your employer or prospective job. Even if they find out, employers are legally barred from making any decision based on an expunged conviction. This includes hiring, retention, and promotion determinations.
For this reason, it is always wise to seek to have your DUI expunged when you are eligible. If you are currently facing DUI charges, you can work with a knowledgeable DUI defense lawyer to negotiate a sentence that does not involve jail time so that your conviction will be expungable. You may also be able to have the charge dismissed or reduced to a non-DUI offense.
Whether you’d like to get a DUI conviction off your record or ensure a pending charge can be expunged, the Chambers Law Firm can help you with your Garden Grove, California, DUI charges. Contact us today at 714-760-4088 or info@orangecountyduifirm.com to schedule a free consultation with a member of our skilled DUI defense legal team.
