California DUI Expungement

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Quick Summary

To be eligible for DUI expungement, you must have completed probation, avoided prison time, and resolved all court-ordered requirements. The expungement process involves filing a petition, notifying the district attorney, and possibly attending a hearing. The benefits of expungement include improved job and housing opportunities, greater access to professional licenses, and peace of mind. Expunged DUIs can still count as priors for new offenses. All DUI expungements are at the discretion of the Court.

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When you’re charged with DUI, the potential consequences extend beyond fines, license suspension, and possible jail time. If you’re convicted, it can follow you for years afterward, affecting your job prospects, housing applications, and many other aspects of your life, including your reputation. 

Fortunately, California law provides a path forward through DUI expungement, which can help clear your record under certain circumstances. This legal remedy allows eligible individuals to petition the court to dismiss their conviction and give them a fresh start and new opportunities. In this guide, we’ll explain what expungement means, who qualifies, and how you may be able to use this process to clear your record.

Get answers to your legal questions. Speak with a San Diego County criminal defense lawyer about your case > (619) 719-1087

What Is DUI Expungement in California?

What we call a DUI expungement is a legal procedure that lets you clear your criminal record of a driving under the influence conviction, provided you meet certain criteria. In California, this is governed by Penal Code Section 1203.4, which outlines the requirements and procedures for this form of relief. When your DUI is expunged, your guilty plea or verdict gets withdrawn, and the case is dismissed.

It’s important to know that expungement doesn’t erase your record entirely. Law enforcement agencies, DMV, and certain professional licensing boards can still access information about your DUI for certain reasons. However, for most purposes, you can legally state that you weren’t convicted of a crime. Even expunged DUIs can be used as prior convictions if you are convicted of another DUI within 10 years. 

Who Can Get a DUI Expungement in California?

California sets requirements for DUI expungement eligibility. You may qualify if you completed probation for the DUI conviction, weren’t sentenced to state prison or county jail, and aren’t currently charged with a criminal offense. You also can’t be currently serving a sentence for another criminal offense, and you must have completed all court-ordered programs and requirements.

Even if you are eligible for relief, a court must make a finding that the relief is “in the interest of justice” before the case is expunged. 

If you violated probation, you might still be eligible for expungement depending on the circumstances. The court will review your violation and determine if expungement is appropriate based on the severity of the violation and your overall compliance. Minor violations typically don’t prevent expungement, especially if you completed probation successfully afterward.

Benefits of Expunging Your DUI

Clearing your DUI record offers several advantages. You can honestly answer “no” when applications ask about criminal convictions, giving you a fair chance at positions that might otherwise be closed to you.

Employment Opportunities

Most private employers can’t ask about expunged convictions, which creates new job possibilities. This opens doors to positions that perform background checks, particularly in corporate environments where criminal history is important. 

Housing Applications

Landlords can’t consider expunged convictions when evaluating rental applications, giving you better chances at securing quality housing. This advantage is particularly valuable in competitive rental markets where background checks are standard. Having an expunged record means you won’t be automatically disqualified from rental opportunities based on your past.

Professional Licensing

Some professional boards consider expunged convictions less seriously than active convictions, though disclosure may still be required. This helps if you need licensing for careers in healthcare, real estate, finance, or other regulated professions. The expungement shows that you’ve taken steps to address your past and move forward responsibly.

Peace of Mind

Knowing your conviction is legally cleared gives you peace of mind and helps you move forward. You can participate in background checks without anxiety about your DUI appearing on standard searches. This peace of mind allows you to engage in opportunities without constantly worrying about your past affecting your future.

The California DUI Expungement Procedure

If you want to get your DUI expunged, you’ll have to complete a series of steps, each of which has requirements and deadlines that must be met for successful completion. Taking these steps helps you prepare and avoid common mistakes that can delay your expungement.

Step 1: Determine Eligibility

Review your case to confirm you meet all requirements for expungement under California law. Check your probation status and ensure you have completed all court orders, including fines, community service, and DUI programs. Gather documentation proving your compliance with all requirements before proceeding to the next step.

Step 2: Gather Required Documents

You must collect your criminal record, proof of completed programs, and evidence of paid fines to support your petition. The court needs documentation showing you fulfilled all requirements, so organize these materials carefully. Include certificates of completion from DUI school, community service verification, and receipts for all fines and fees paid.

Step 3: File the Petition

Submit Form CR-180 (Petition for Dismissal) to the court that handled your DUI case, not the court nearest to where you currently live. Include supporting documents with your petition to provide a complete picture of your compliance. Pay the required filing fee, which varies by county but normally ranges from $125 to $175.

Step 4: Serve Notice

California law requires you to notify the district attorney’s office about your expungement petition, giving them an opportunity to review and potentially object. This notice must be served according to local court rules, usually by certified mail or personal service. The prosecutor has a time period to respond, which is around 15-30 days, depending on local rules.

Step 5: Attend the Hearing

Most expungements require a court hearing where you present your case to the judge. Prepare to explain why expungement benefits you and society by focusing on your rehabilitation and future goals. Bring all documentation and be ready to answer questions about your compliance with probation terms and your current circumstances.

Step 6: Receive the Order

If approved, the court will issue an order dismissing your case and officially expunging your DUI conviction. Keep multiple certified copies of this order for your records, as you’ll need them for various purposes. Notify relevant agencies about your expungement, including employers or licensing boards as appropriate.

Timeline for DUI Expungement in California

The expungement timeline varies by county and case details, with some courts moving faster than others. Generally, expect about one to two weeks to prepare your petition properly, followed by 30-60 days for court handling of your paperwork. The total timeline from filing to final order usually runs from two to four months, though some cases may take longer.

It is important to note that some counties move faster, while others take longer due to caseload and administrative procedures. Early probation termination can expedite the timeline if you’ve completed all requirements ahead of schedule. Planning ahead and filing your petition promptly after completing probation helps ensure the fastest possible resolution.

Costs Associated with DUI Expungement

Expunging your DUI involves several costs that vary depending on your situation and location. Some of these expenses are fixed by law, while others depend on the use of professional assistance.

• Court Fees: California charges filing fees for expungement petitions, which range from $125 to $175 depending on your county. These fees are set by each county court and are non-refundable regardless of the outcome. Some courts offer fee waivers for those who can demonstrate financial hardship.
• Attorney Fees: Legal representation isn’t required, but many people hire a California expungement lawyer for peace of mind and a higher chance of success. Attorney fees vary widely based on location, case details, and the lawyer’s experience level.
• Additional Costs: You might pay for certified copies of documents, notarization, or court reporter services if needed for your case. These additional costs range from $50 to $200 total, depending on how many documents you need. Budget for parking fees (if attending court hearings) and potential costs for obtaining records from various agencies.

Common Obstacles to DUI Expungement

Several issues can complicate your expungement, but most are preventable. Addressing these potential obstacles helps you avoid them and set the stage for a successful petition. 

• Outstanding Fines or Fees: Unpaid court fines, DMV fees, or restitution can prevent expungement, as courts require full compliance with all financial obligations. Clear all outstanding balances before filing your petition, and obtain receipts proving payment. Contact the court and DMV to ensure you haven’t overlooked any fees or fines.
• Incomplete Programs: Failure to complete DUI school, community service, or other court-ordered programs blocks expungement until you finish these requirements. Verify all requirements are met by obtaining certificates and documentation from each program. If you’re unsure about completion status, contact the court clerk for clarification before filing your petition.
• Probation Violations: Minor violations might not prevent expungement, but serious or multiple violations can create complications. Be honest about any violations when filing your petition, as the court will discover them during review. Consider consulting with an attorney if you have probation violations to understand how they might affect your case.
• Federal Convictions: If you were convicted in federal court, state expungement laws don’t apply, and you must follow federal expungement procedures. Federal expungement is rare and requires different criteria and procedures from state expungement. Consult with an attorney experienced in federal criminal law if your DUI was a federal case.

DUI Expungement vs. Other Record Relief Options

California offers several ways to address criminal records, each with different requirements and advantages. Knowing these options helps you choose the best approach for your situation. Some people may be eligible for multiple forms of relief, while others may only qualify for certain options.

Expungement (Penal Code 1203.4)

This approach is best for misdemeanor DUIs where you received probation, as it withdraws your plea and dismisses the case. It’s the most common form of record relief for DUI convictions in California. Eligibility is relatively straightforward if you completed probation successfully and met all court requirements.

Certificate of Rehabilitation

This option is available for felony convictions or those who served state prison time. While it doesn’t dismiss charges, it does show that you’ve been rehabilitated and are unlikely to reoffend. This certificate can restore certain rights, including the ability to serve on a jury.

Governor’s Pardon

Pardons are rare and difficult to obtain, as they require extraordinary circumstances as well as evidence of rehabilitation. Pardons are typically reserved for cases involving exceptional community service or where justice requires correction. The application is extensive and demanding, with very few pardons granted each year.

Sealing Records (Penal Code 1203.425)

This option is for arrests that didn’t result in a conviction. Unlike expungement, sealing makes records completely inaccessible to most parties, including employers and landlords. This option is available only in circumstances where charges were dismissed or you were acquitted.

How Expungement Affects DMV Records

DUI expungement doesn’t affect your DMV record, as the Department of Motor Vehicles maintains separate records from criminal courts. Your DUI will still appear on your driving record for 10 years, regardless of criminal court expungement. This separation exists because motor vehicle violations serve different purposes than criminal convictions.

However, expunged DUIs might be viewed favorably by various parties who review your records. Insurance companies reviewing your record may consider an expunged DUI differently than an active conviction when setting rates. Employers requiring clean driving records and licensing boards for commercial drivers might also view expungement positively.

Mistakes to Avoid With Your Expungement Application

Common errors can delay or prevent expungement, but most are avoidable with proper preparation and attention to detail. 

• Filing in the Wrong Court: You must submit your petition to the court that handled your DUI case, as each case must be expunged in the jurisdiction where it was prosecuted. Research the correct court before filing to avoid rejection and refiling fees.
• Incomplete Documentation: Missing documents can delay proceedings and require additional court appearances or filings. Create a checklist of required documents and verify you have everything before submitting your petition.
• Failing to Pay Required Fees: Unpaid fines prevent expungement, as courts require full compliance before considering your petition. You need to clear all financial obligations before filing, and obtain receipts as proof of payment. Check with multiple agencies to ensure you haven’t overlooked any outstanding obligations.
• Not Following Local Rules: Each county has requirements and procedures that must be followed. Local rules govern everything from document format to hearing procedures, so compliance is vital.

Getting Help with Your DUI Expungement

While you can handle expungement yourself, hiring an experienced California expungement lawyer is worth the investment. Attorneys understand local procedures and can avoid common mistakes that derail self-represented petitions. They also stay current with changes in law and court procedures that might affect your case. This knowledge helps ensure your petition is filed correctly and completely the first time.

Professional experience aside, working with an attorney reduces stress and increases the chance of a successful petition. This peace of mind is often worth the cost of attorney fees for many people.

Speak to a San Diego County Criminal Defense Lawyer

DUI expungement provides an opportunity to move beyond past mistakes and reclaim your future prospects. While the procedure takes time and requires a lot of documentation, the benefits make the effort worthwhile for those who qualify. With proper preparation and persistence, you can successfully clear your DUI conviction and open new doors for your future. Take advantage of this second chance that California law provides, and use it as motivation to build a better future for yourself and your family. If you’re ready to pursue expungement in San Diego County, call Rubin Law Office at (619) 719-1087 today or use the contact form below to schedule a free, private consultation with Attorney David Rubin.