Can I Get My DUI Expunged?

  • Board Certified Expert

    in DUI Defense

    Chosen as a “Top DUI Attorney” in Orange County & rated 10 out of 10 by Avvo.

    Meet Virginia L. Landry
  • Answers to All of

    Your Questions

    Visit our FAQ page to get answers to some of the most common questions.

    Read Common Questions
  • Get Help

    Immediately

    Don’t wait, time is of the essence. Contact us now for a free case evaluation.

    Get Started Today

Can I Get My DUI Expunged?

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!

Categories: DUI, DUI Advice
  • Board Certified Expert

    in DUI Defense

    Chosen as a “Top DUI Attorney” in Orange County & rated 10 out of 10 by Avvo.

    Meet Virginia L. Landry
  • Answers to All of

    Your Questions

    Visit our FAQ page to get answers to some of the most common questions.

    Read Common Questions
  • Get Help

    Immediately

    Don’t wait, time is of the essence. Contact us now for a free case evaluation.

    Get Started Today

Subscribe to Our Newsletter

Law Offices of Virginia L. Landry, Inc. - Orange County DUI Attorney
Located at 23046 Avenida De La Carlota, Suite 125
Laguna Hills, CA 92653.
View Map
Phone: (877) 384-7833
Local Phone: (949) 585-7400
Website:
© 2017 All Rights Reserved.

When You're

Ready to talk

Our firm is ready to listen. Call for a FREE case consultation.

Call Toll-Free 877.384.7833
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.