QUESTION
How can I erase a DUI arrest, that was dismissed in court, so I can travel?
Asked on Mar 20th, 2012 on DUI/DWI - California
More details to this question:
I had my dui case dismissed by the da over a year ago. I work as a flight attendant and need to be able to travel freely in and out of Canada. I visited the Canadian Consulate, and was told that I had to "expunge" my records in order to freely go in and out of Canada. Expungement doesn't apply to me since I was never convicted. I know I can file a petition of finding factual innocence (851.8), but I highly doubt it will be granted by a judge as there was a breath test involved. Is there anything else I can do to have my dui arrest erased and how long will it be on my criminal record?
4 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Erase? You don't, unless you can get that factual innocence ruling that could seal and destroy the arrest record.. Criminal records are forever, they don't time out or disappear.
Answered on Mar 21st, 2012 at 11:58 AM
Daniel Kieth Martin
There is not much you can do except maybe order a copy of your criminal history from the california department of justice. They shouldn't be using your arrest record, they should be using the conviction record which the cdoj will have. If it is reported incorrectly there you should be able to ask them to fix it.
Answered on Mar 21st, 2012 at 11:58 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Petition for Finding of Factual Innocence. Penal Code 851. There is a form online.
Answered on Mar 21st, 2012 at 10:26 AM
You cannot expunge a dismissal, and it is not the arrest that is the problem either. It is the DMV hearing that you probably lost (likely by default). There is nothing you can do, because there is no way to erase/expunge the DMV record, which isn't considered criminal.
Answered on Mar 21st, 2012 at 10:26 AM