As a DUI defense firm, we are asked every question under the sun about
DUIs. For example, we are frequently asked, “Can I get my
DUI expunged?” Sometimes people want to know if this can be done while
they are still on probation. So, we’re going to discuss this common question.
Let’s say that “Joe” was arrested for DUI in Orange County,
California six months ago. He has completed all of the court and DMV orders,
now he wants to know if he can apply for an expungement of the DUI.
For starters, Joe can’t do anything at this point because he’s
only been on probation for six months, and DUI probation typically lasts
for 36 months. Joe should know that in California, NOTHING will remove
the DUI from his DMV driving history and there’s no such thing as
a true “expungement” statute in the state.
What California does have is a “dismissal” under Penal Code
1203.4. If a dismissal were to be granted in Joe’s case, it wouldn’t
wipe the case off of his record, but it would add a notation that his
case was dismissed.
That would allow Joe to tell most employers that he has not been convicted
of a crime, but the DUI would still remain on Joe’s DMV record,
even if he obtained a 1203.4 dismissal.
What about probation?
DUI defendants are not eligible for an expungement until they have completed
their probation. It’s great that Joe finished paying his court-ordered
fines but the court would have to terminate his probation early in order
for him to apply for an expungement, and he’d have to file a motion
to ask the court to do that.
Usually, these motions are filed by a DUI attorney as one motion, but they
are not always a slam dunk. If this is something that someone wants to
do, then they have nothing to lose.
Want to learn more about filing for an expungement in Orange County?
Contact the Law Offices of Virginia L. Landry, Inc. for a free case evaluation with a
Board Certified DUI specialist!