QUESTION
Unpaid first-offense DUI fine, possible to have the DUI expunged?
Asked on Aug 12th, 2012 on DUI/DWI - California
More details to this question:
I received a first-offense DUI back in the beginning of 2010, where I had hired an attorney to handle the case. My attorney advised me to do some time in holding instead of the Sheriff's Program, which I did (it was roughly about 24 hours or so). I also had to complete a 3-month program. Since then, I have completed the required 3-month program and have had my license reinstated (accompanying my SR-22). My question is this, I have not paid the fine. When I called in to the court, they said that everything is cleared from their end. I recently checked the status of my case online, and it says that no hearings or payments are scheduled. Since I have completed more than half of my probation, and have gotten not so much as a parking ticket since the DUI back in 2010, I am deciding whether or not to hire an attorney and have me released early from my probation and have this DUI expunged. So my question is surrounding the unpaid fine. Should I just go ahead with trying to expunge my DUI? Can the unpaid fine be brought back into the light, even though the court says everything is clear from their end in regards to my DUI?
7 ANSWERS
Criminal Law Attorney serving San Diego, CA
Partner at
Lee Law Group DUI & Criminal Attorneys
Friend, yes it is possible to get your record expunged, but you must first get your probation terminated. All this may be easily accomplished. Call or email us.
Answered on Aug 27th, 2012 at 12:31 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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Yes. If you have not paid the fine, it is an error on the part of the clerks, an error which will likely be discovered if you ask a judge to look at the case for an expungement.
Answered on Aug 27th, 2012 at 12:30 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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I do not understand why you believe that the fine is unpaid. If the court indicates that there are no outstanding fees, you probably already paid your fine.
Answered on Aug 27th, 2012 at 12:30 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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There is no expungement in California. If your probation is shortened you Driver's license will be suspended.
The court probably sent your fine to the State for collection from tax refunds.
Answered on Aug 27th, 2012 at 12:30 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only IF [among other things] 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 the court says no fine is due, accept that for this purpose.
Answered on Aug 27th, 2012 at 12:30 PM
If they're showing that you've complied with everything, then you just go along with it. Once your probation is finished, you should hire an attorney to file an expungement petition for you.
Answered on Aug 27th, 2012 at 12:28 PM
3 Awards
I doubt if everything is clear with the court. The fine should still be outstanding.
The granting of a Penal Code section 1203.2 petition to dismiss a DUI conviction is discretionary with the court and would most likely NOT be granted in your case.
In fact, I doubt that a court would even terminate your probation early.
DUI convictions are generally NOT handled like other cases when it comes to granting someone some relief from the conviction. Most courts will not give anyone a break with a DUI.
Answered on Aug 27th, 2012 at 12:28 PM