Civil Litigation Attorney serving Arcadia, CA
In order to properly answer your question, I would need to know whether your DUI was charged as a misdemeanor or felony. If it was merely a misdemeanor, you can simply fill out a form requesting the court to dismiss your prior conviction, so long as you are not now serving a sentence for any offense, not now on probation for any offense, and are not now charged with committing any offense.
However, if you were charged with a felony DUI, then you will need to determine whether it is considered as a “wobbler” offense and reduce the felony charge to a misdemeanor pursuant to CA Penal Code § 17(b). Once it is reduced, then you can proceed to request the dismissal of your prior conviction.
I hope this has answered your question. If not, please feel free to contact me and we can discuss this issue in more detail.
Answered on Mar 19th, 2014 at 2:14 PM