DUI Expungement in California
Let's explore the possibility of getting a California DUI conviction expunged. The moment you complete your term of probation, you can experience a sense of relief and freedom as your DUI conviction is expunged.
Notably, however, the conviction will still count as a DUI prior. This means that if you are convicted of another DUI within ten years, it will count as a second DUI, even though the first DUI was expunged. This can lead to increased penalties and consequences for the subsequent offense.
As noted, in California, you can get a misdemeanor or felony DUI expunged if you have completed probation, which typically involves paying fines, DUI school, AA or NA counseling, MADD program, alcohol testing, community service, or Caltrans work.
The other condition for a DUI expungement is that you did not serve time for the crime in state prison or you served time in state prison but would have served it in county jail after "realignment" under Proposition 47.
Realignment under Proposition 47 refers to the transfer of certain non-violent offenders from state prisons to county jails, which can affect the eligibility for expungement.
This means that felony DUI cases might not be eligible for expungement if you served time in state prison because felony DUIs often cause serious injury or death.
Suppose you have a wet reckless conviction as part of a DUI plea bargain. In that case, you should be eligible for expungement after you complete probation.
Simply put, people who have been convicted of a misdemeanor or felony DUI might have the chance to have their conviction expunged (sealed) after they complete their sentence, which typically includes a period of probation.
Once your DUI conviction is expunged, it cannot be used against you by employers for hiring or promotion purposes.
Notably, SB 731 (July 2023) now automatically seals most misdemeanor records after one year and felony records after four years. California Penal Code 1203.4 PC says that eligible people convicted of a DUI can petition the court to expunge their record once they have completed probation.
What are the Standard DUI Charges?
Suppose you are arrested for drunk driving in California. In that case, you will likely face one or both of these misdemeanor charges:
- Vehicle Code 23152(a) VC. This is the standard driving while under the influence of alcohol law. If you are impaired, you are considered DUI even if your blood alcohol content (BAC) is legal.
- Vehicle Code 23152(b) VC. This law covers driving with an illegal BAC of at least 0.08%. If your BAC is above the legal limit, you are considered DUI even if you are sober and driving safely.
Your standard misdemeanor drunk or drugged driving can be filed as a felony if you seriously injure or kill someone. A fourth-time DUI within 10 years is also a felony offense, even if nobody was injured.
What are the Eligibility Requirements?
To be eligible for a DUI expungement in California, the following conditions must be met:
- You must have completed all the terms of your probation, including paying all fines, completing court-ordered programs, and any other conditions.
- You can't have any pending criminal charges or have been convicted of another offense during the probation period.
- Expungement is only available to people who were not sentenced to serve time in state prison. Rather, your sentence must have been served in a county jail or through probation. The exception is if you served time in prison but would have otherwise served it in county jail (California realignment law)
What is the Process to Get a DUI Expungement?
Meeting the eligibility requirements for a DUI expungement is crucial. The process includes the following steps, which you must follow diligently to ensure a successful expungement.
- You must file a petition for expungement with the court that handled your DUI case. This involves completing the right forms, including a Penal Code 1203.4 PC "Petition for Dismissal," and paying a filing fee. If you are unable to afford the fee, you can apply for a fee waiver. This process ensures that your request for expungement is formally submitted to the court.
- You must serve a copy of the petition to the District Attorney's office in the county where you were convicted. This allows the DA the chance to review your petition and object to it if they want.
- A judge carefully reviews your petition, ensuring that fairness and justice are upheld. If you meet the eligibility criteria and the expungement serves the interest of justice, your petition will be granted. Sometimes, an actual court hearing might be required, but rest assured, the process is designed to be fair and just.
- Suppose the court grants your petition. In that case, the following will occur. If your conviction resulted from a plea of "guilty" or "nolo contendere," you will withdraw your plea and re-enter a plea of "not guilty." If your conviction was from a jury or bench trial, the judge will set aside the conviction. Your criminal records will be updated, and the conviction will be removed from public view.
Misdemeanor summary probation for a drunk driving conviction typically lasts three years. Still, the court might be willing to grant you early termination of probation, which requires filing a petition with the court.
Notably, most judges will require you to serve a complete term of probation before granting an expungement petition and dismissing the case.
An expungement of a California DUI means that your conviction is dismissed or set aside. After the judge grants the petition and dismisses the conviction, all the records related to the conviction are sealed and removed from public records. This provides you with an opportunity for a fresh start, encouraging you to move forward with confidence.
It also means you can legally say that you were never convicted of DUI on applications.
An Expungement Does Not Remove All Consequences
Notably, getting your DUI record expunged does not completely remove all the possible consequences of a DUI conviction. Rather, it only removes the conviction from your criminal record. Below is a list of what doesn't change after a DUI expungement:
- It does not restore driving privileges. Suppose your driver's license was suspended or revoked because of the DUI. In that case, this penalty will remain in effect.
- It will still count as a prior DUI. Suppose you're arrested and charged with DUI again within ten years. In that case, your expunged DUI will still count as a prior offense.
- It might still impact your ability to obtain a professional license, including teaching credentials. Professional licensing boards can still see the DUI, and it might affect their decision to issue a license.
What is Sealing Records?
In the State of California, the term "expungement" is often used interchangeably with "sealing" of records.
The term "expungement" is supposed to mean the conviction record is destroyed. However, California does not do that; rather, it allows for the sealing of eligible records rather than a complete erasure of them.
However, the practical effect of both processes is similar because the conviction is effectively removed from public criminal records. This means it will not appear in most background checks conducted by employers, landlords, or other entities.
Notably, the records are not completely erased and can still be accessed by law enforcement and in certain legal contexts. For additional information, contact our law firm, Cron, Israels, & Stark, based in Los Angeles, CA.
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