QUESTION

Will any of the DUIs drop off my record?

Asked on Jun 21st, 2012 on Criminal Law - California
More details to this question:
I have 3 misdeamenor dui's on my record, the first being in 2001 and the most recent being in 2009, will any or all of those duis "drop off my record" due to the length of time that has passed? If not, is expungement a possibility?
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8 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Will any of the DUIs drop off my record? No. But they only count as priors for ten years. While the general rule is Records are forever, some CA convictions including DUI can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn't disappear. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement, courts, background checks, insurance companies, etc. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may legally deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for licensing by any state or local agency, for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction.
Answered on Jul 05th, 2012 at 3:49 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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In California, DUIs remain on your DMV record for 10 years and cannot be expunged from your DMV record. The DUI convictions may be expunged from the court records, at the discretion of a judge, but can still be used as enhancements for future DUI filings and convictions.
Answered on Jul 03rd, 2012 at 12:33 PM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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No crimes automatically drop off a person's record in California. If you are done with probation, and you complied with all the terms (e.g., completed DUI classes, had no new law violations, paid your fines, etc.), then you can file to have the cases dismissed under PC 1203.4. Sometimes people call this an expungement, though that term is actually a misnomer.
Answered on Jul 03rd, 2012 at 12:25 PM

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"Priors" drop off in 10 years. Expungement is difficult since you had multiple convictions. Even with expungement, the convictions show on your DMV report.
Answered on Jul 02nd, 2012 at 8:34 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Yes. The DUIs will drop off after 10 years.
Answered on Jul 02nd, 2012 at 5:53 PM

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They will never drop off your record. They will be there even if you were granted a 1303.4 record clearance. That does not work for duis.
Answered on Jul 02nd, 2012 at 5:51 PM

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They don't "drop off". But after 10 years it cannot be used as a prior so if you got one DUI in 2000 and a new one today, they couldn't charge you with a prior. There is NO WAY to expunge a DUI.
Answered on Jul 02nd, 2012 at 5:10 PM

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No, they will never drop off. Which is why you need to hire an attorney to expunge them once you have successfully completed probation for the latest one in 2009.
Answered on Jul 02nd, 2012 at 4:55 PM

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