After receiving a DUI at the hands of California law enforcement, one question you may have is how long the charge remains on your record. Perhaps you worry about how the interaction with the police looks for your career and housing options. Expungement options and the process differ from state to state, so you must get clear on what to expect in California.
What Is Expungement?
With an expungement, you wipe a conviction off your record. California notes DUIs on your criminal record and your driving record. No matter if police arrested you for a misdemeanor or felony DUI, the charge stays on your driving record for 10 years. It remains only your criminal record for the rest of your life. If you expunge your DUI successfully, you no longer have to worry about informing potential employers, landlords and college admissions offices about your DUI, nor do you have to worry about companies finding the charge when looking into your background.
How Does Expungement Work?
To clear your DUI through an expungement, you must file an application and appear in court. During your hearing, you go before a judge who decides whether to grant your request.
When Do You Qualify for Expungement?
You must wait to meet specific qualifications before applying for an expungement. Before applying in California, you must not have current criminal charges, you must serve your probation, and all other penalties and imprisonment cannot be part of your sentence.
How Do DUIs Affect Your Driving Record?
Rather than your conviction date, the 10 years a DUI remains on your driving record starts the day police arrested you. When deciding whether to revoke, suspend or reinstate your license, the DMV considers your DUI. Currently, you cannot expunge a DUI from your driving record before completing the 10-year period. You may not care much about clearing your charge from your driving record, as only the DMV, police and insurance companies have access to the information. Criminal investigators, employers and higher learning institutions running background checks do not see your driving record.
How Do DUIs Affect Your Criminal Record?
If you do not expunge a drunk driving charge from your criminal record in California, or if a judge denies your request for expungement, the mark remains on your criminal record permanently. No matter if you have a felony DUI or misdemeanor DUI, it appears on your criminal record.
What Limits Come With Expungement?
After successfully expunging a drunk driving charge from your criminal record, you may face arrest for another DUI. If you receive a subsequent DUI, your expunged DUI still counts as a prior conviction for 10 years.
Depending on your chosen career path, specific employers may still see your expunged DUI. For instance, if you want to work with children, attain a medical or legal license, or obtain a state or federal government job, hiring managers may still see your DUI, expunged or not.
Do you feel ready to look into expunging your DUI? For experienced legal insight and answers to your questions, contact us here at Chambers Law Firm at 714-760-4088.
