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Underage DUIs and Expungements

If you were convicted of an underage DUI in California under VC 23136(a), you may be wondering if it’s possible to get the underage DUI expunged, and this is a valid question!

Let’s say that you were charged with VC 23136(a) more than a year ago. Since you were charged with an underage DUI last year, you paid all of your fines and now, you’re hoping that you can get the DUI expunged from your record.

Under California law, an “expungement” is the process where your criminal case is reopened and you ask the court for a dismissal. It’s important that you understand that expunging the underage DUI will not remove the court proceedings or the incident from your criminal record.

What does an expungement do?

What an expungement does do, however, is change the perceived outcome of your criminal case. Sealing on the other hand, would mean that your case outcome is not changed, but the record of your case would be hidden from public view.

People often use the terms “expungement” and “sealing” interchangeably, but they do not mean the same thing. Can you petition for an expungement for a VC 23136(a) violation? Yes, as long as the following criteria has been met:

  • You have satisfied all of the fines and fees
  • You have completed your probation and sentence
  • One year has passed since the date of the violation
  • You have not committed any new crimes

If the above requirements are met, the court should grant your request. If you are interested in learning more about an expungement, you should contact our Orange County DUI defense firm to ensure that you are in fact eligible and that your petition is handled correctly.

If you have been convicted of an underage DUI, see what you can do to improve your situation. Call the Law Offices of Virginia L. Landry, Inc. for a free consultation.