Is a DUI Eligible for Expungement in California?

If you are convicted of driving under the influence (DUI), whether through a plea or verdict, that information will end up on your criminal record. Typically, when you apply for a job, housing, or school, the institution will run a background check, and their final decision might be swayed by your conviction. Fortunately, in California, you can apply to have your DUI expunged.

What Will an Expungement Do?

An expungement will clear the DUI conviction from your record, which means the general public can’t access it. Additionally, if a potential employer or landlord asks if you have ever been convicted of a crime, and the DUI was the only one on your record, you could legally answer “no” without penalty of perjury – intentionally providing false information.

What Won’t an Expungement Do?

Although a DUI expungement will prevent the general public from accessing your record, law enforcement agencies will be able to refer to it if you are facing allegations of another offense. If you are charged with a subsequent DUI, the judge can refer to your record and increase sentencing penalties even if your previous conviction was expunged.

Additionally, you must still disclose an expunged DUI if you are applying for a professional license or government job.

Who’s Eligible for a DUI Expungement?

Unfortunately, not all DUI convictions can be expunged.

To be eligible for expunction, you must:

• Not have served time in state prison for the offense
• Not have been charged with another crime in California
• Completed the terms of your probation

How Do You Petition for an Expunction?

To prepare for the process, you must gather all the information about your conviction.

You must include the following:

• Your case number
• Date of conviction
• Code and section of the violation
• Whether you were found guilty by verdict or plea

Once you have that information, you must submit a petition to the court.

Contact Appel & Morse Today for a Free Consultation

Whether you have been charged with a DUI or are seeking an expungement of a conviction for this offense, our attorneys can provide the legal help you need. We will review all the documents and information related to your case and help you understand your legal options. Together, we have over 40 years of legal experience, and we know how to effectively handle complex criminal justice processes.