As you are likely well-aware, once you have a
DUI conviction, you can expect your automobile insurance rates to shoot through
the roof. Clearly, DUI becomes a real hassle when it comes to affordable
auto insurance. If you’re nervous about a DUI costing you thousands
more each year for auto insurance (for several years), you have every
right to be concerned!
What if this was your
first DUI, and you don’t have any prior DUI or
wet reckless offenses, can you expunge it early from your driving record, or will it
stay on your driving record for the entire 10 years? Since this question
comes up a lot, we’re going to shed some light on this subject.
Here is what you need to know: California doesn’t have a true “expungement,”
so DUIs cannot be 100% erased. What one can do in this situation is
file a petition to dismiss their offense under PC 1203.4. That removes the guilty plea, inserts a
not guilty plea and shows that the case was “dismissed.” Once
that is done, the person can deny that they were ever convicted of DUI.
Though it wouldn’t be considered a conviction for most
employment purposes, it’s still considered a
priorable offense, meaning, if the driver gets another DUI within 10 years, it could still
be used as a prior offense. What does it take to qualify for a dismissal
under PC 1203.4? For someone to be eligible for a dismissal, they must
be off their probation and not have any other criminal matters pending.
No ‘Expungement’ for DMV Records
Can a person
remove DUI convictions from their driving record? No, they cannot unless there
are errors. In California, one cannot expunge, remove, or erase a DUI
from their driving record, nor are there steps to remove it before the
10-year mark. Even if a person gets their DUI expunged
criminally, it does not erase it from their driving record. DUIs will always show
on the DMV record, NOTHING will remove the DUI early from the DMV driving history.
Note: DMV records go back 10 years, so it’s important to shop around for
the cheapest auto insurance policy.
Searching for an Orange County DUI attorney?
Contact our office
to arrange a free case evaluation with our Board-Certified DUI specialist!