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Can I Expunge a DUI While on Probation?

If you were convicted of driving under the influence, we don’t have to tell you that it can be a real drag. DUIs cost you precious time, they cost you money, and they can make the simplest things become a real headache, such as getting auto insurance.

One such way that a DUI on your record can cause you trouble is when you go out and apply for a new job. If you’re currently in the market for a new job and you’re on probation for a DUI that you had a few years ago, you may be wondering, “Is there any way that I can get my DUI expunged while I’m on probation?”

We’ve been asked this question before lots of times, and here’s your answer:

Terminating Probation Early

Can a DUI be expunged? A DUI can be expunged or “dismissed” under California law, however, the DUI offender cannot: 1) be on probation, and 2) they cannot have any pending charges for a new crime.

What about having your probation terminated early, is that possible?

Yes, it is possible to have your DUI probation terminated early and then to have your expungement granted. If you have discovered that the DUI is making it difficult for you to land a new job, you probably want to have the expungement pushed through sooner than later.

As far as having your probation terminated early; it comes down to the county that you received the DUI in and the judge.

Some judges are willing to grant probation early following with an expungement, others are not. If the judge is a stickler about making you complete the full three years of probation, you shouldn’t run into any problems getting the expungement once you successfully complete the probation.

Expungements Don’t ‘Erase’ DUIs

Please take into consideration that an “expungement” will not remove the DUI from your DMV record, as DUIs are reported on driving records for 10 years and there is no way to get around that. Depending on what type of job you’re seeking, the DUI conviction can still be found, especially with a DMV printout.

An expungement is truly a “dismissal,” so if your dismissal is granted, you can tell most private employers that you were not convicted of that DUI case, but know that it will not be fully erased and some employers will still be able to find it.

Still, it’s better to have a DUI dismissed or expunged than it is to leave it alone because it shows employers that you made a good faith effort to do everything possible to remedy the situation.

If you are seeking an early termination of your probation and a dismissal (expungement), contact our firm for the best chance of success since this is a DUI case.