QUESTION

How difficult is it to expunge a DUI in California?

Asked on Oct 26th, 2010 on DUI/DWI - California
More details to this question:
I received a misdemeanor DUI in September 2008. I had a .11 BAC and it was a first offense (not even as much as a speeding ticket before or since). I have paid all fines, completed the alcohol education courses, had my license fully reinstated, etc. The only thing left is one year of informal probation, which should expire in September 2011. I have heard that it is possible to have probation removed early in order to get an expungement. Does this really happen? If so, how rare? Also, after my probation is complete, how difficult is it to actually get a DUI expunged? I know it happens, but would it be possible to get some sort of success rate?
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8 ANSWERS

Geoffrey MacLaren Yaryan
After you successfully complete probation you can have it expunged.
Answered on Oct 28th, 2010 at 7:28 PM

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Criminal Law Attorney serving Santa Ana, CA
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It is very easy to get a DUI expunged in California. In fact, for misdemeanors for which all terms and conditions of probation have been fulfilled, the judge has no discretion NOT to grant it.Two caveats however: 1) you must complete probation first, either by the passage of time, or by getting a judge to agree to early termination (which is certainly possible), and 2) this will NOT stop the courts or DMV from using it as a priorable conviction for 10 years following the date of conviction.
Answered on Oct 27th, 2010 at 1:28 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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It can be done. It would help in getting employment for the rest of your life. The general rules and guidelines are: Many felony and misdemeanor convictions [not infractions] can sometimes be expunged by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not remove the conviction, but merely changes the record to show conviction reversed and dismissed by expungement. If expunged, you would be able to say no to conviction on most private employment applications. However, the conviction is still a prior for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you are serious about doing so, and you think you qualify, feel free to contact me for the legal help you will need.
Answered on Oct 27th, 2010 at 10:43 AM

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Criminal Trial Attorney serving San Jose, CA at Law Office of Thomas F. Mueller
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After successful completion of probation any DUI can be expunged. We are successful in 90 percent of the cases. We could quickly advise you if the success rate would be even higher in your case after a few question s. The key is whether a judge would terminate probation early. THAT is discretionary. Therefore the rate is not as high. However if you have a good reason, and I'm sure we could come up with one I predict success.Call me for assistance.
Answered on Oct 27th, 2010 at 9:13 AM

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Since you have already completed 2 out of 3 years of probation, early termination is possible, especially if you have a valid reason, such as work, school, immigration...etc. You should contact a good DUI/Criminal Defense attorney to possibly seek an early termination of probation, followed by an expungement petition.
Answered on Oct 26th, 2010 at 6:58 PM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Yes, it is possible to get released from probation early, then get the DUI expunged. Call me with any questions for a free consultation.
Answered on Oct 26th, 2010 at 5:13 PM

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Most courts will not terminate your probation early unless you have a good reason. If your only reason is so that you can request your case be expunged I would not anticipate a court will grant your request. If however you need to be off probation to join the military or for a job you have a chance.
Answered on Oct 26th, 2010 at 4:58 PM

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You cannot attempt an expungement until you are off probation. The first thing you (or an attorney) need to do is a motion to terminate your probation. If you've done a substantial portion of your probation, the judge will likely grant this. Next, you'll want to petition for expungement. DUI expungements can be granted but they are within the discretion of the judge since they also serve as a moving violation for DMV records.
Answered on Oct 26th, 2010 at 4:43 PM

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