QUESTION
How long will it take to have a first driving under the influence offense removed?
Asked on Aug 20th, 2012 on DUI/DWI - California
24 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Edward J. Blum
Update Your Profile
Once you file Petition, 3 months.
Answered on Jun 28th, 2013 at 8:00 PM
Criminal Defense Attorney serving Cherry Hill, NJ
at
Law Offices of Richard Sparaco
Update Your Profile
In New Jersey it remains on your record forever.
Answered on Jun 28th, 2013 at 8:00 PM
Leonard A. Kaanta
It will never be removed.
Answered on Jun 26th, 2013 at 12:27 AM
Child Custody Attorney serving Malvern, AR
at
Law Office of Gregory Crain
Update Your Profile
That would be 5 years.
Answered on Jun 26th, 2013 at 12:23 AM
Criminal Defense Attorney serving Salt Lake City, UT
at
Pietryga Law Office
Update Your Profile
That would be 10 years.
Answered on Jun 26th, 2013 at 12:23 AM
The charge of DUI is an 'enhanceable' offense meaning a subsequent offense is made more severe if a person has a prior offense within 7 years.
Consequently, a misdemeanor DUI cannot be expunged from a criminal record for 7 years.
Answered on Aug 24th, 2012 at 10:53 PM
Small Businesses Attorney serving Livonia, MI
at
Klisz Law Office, PLLC
Update Your Profile
It will never be removed. It is that way by statute in Michigan.
Answered on Aug 24th, 2012 at 10:52 PM
Keven A. McKenna
5 years if nothing else. I am not sure. I have not checked recent legislation.
Answered on Aug 24th, 2012 at 10:52 PM
Criminal Defense Attorney serving McKinleyville, CA
at
Law Office M. C. Bruce
Update Your Profile
You have to be off probation to ask for an expungement.
Answered on Aug 24th, 2012 at 10:52 PM
Criminal Defense Attorney serving Chapel Hill, NC
at
The Law Office of Lynn Norton-Ramirez, PLLC
Update Your Profile
If it was dismissed, file for an expunction. If you were convicted, it can't be "removed."
Answered on Aug 24th, 2012 at 10:52 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
By removed, I assume you mean expunged from your record. 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 Aug 24th, 2012 at 10:51 PM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
Offense removed? Never. But it only counts as a prior for 10 years.
However, while the general rule is Records are forever, some CA convictions 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 it was not for certain listed sexual crimes, 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.
Answered on Aug 24th, 2012 at 10:51 PM
Dennis P. Mikko
It will never be removed from your driving record. Insurance companies usually look back three years when looking at your driving record.
Answered on Aug 21st, 2012 at 2:24 PM
Criminal Defense Attorney serving Pittsburgh, PA
at
Law Office of Jeffrey L. Pollock
Update Your Profile
Forever unless you were offered ARD.
Answered on Aug 21st, 2012 at 2:24 PM
3 Awards
Only gets removed if you file an expunction after a dismissal or not guilty.
Answered on Aug 20th, 2012 at 5:09 PM
Criminal Law Attorney serving Worcester, MA
at
Gregory Casale, Attorney at Law
Update Your Profile
It never gets removed. You can have a misdemeanor sealed after 5 years if found guilty, but drunk driving charges may be handled differently than other misdemeanors. It will also depend on the outcome of the OUI and the job you apply for. This year the time frames to seal criminal records was shorted from 10 to 5 years for a misdemeanor and from 15 years to 10 years for a felony. However, the viewing statute also became more complicated and we are still trying to understand all of the variables. Now there are five (5) different levels of what an employer may view of a potential employee.
Answered on Aug 20th, 2012 at 5:08 PM
Michael J. Breczinski
Never it is a permanent conviction. It is a criminal conviction not just a simple traffic offense.
Answered on Aug 20th, 2012 at 5:08 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
There is no expungement in California. It will be a prior for 10 years and after that it will stay on your record forever.
Answered on Aug 20th, 2012 at 5:08 PM
Usually 3 years, which is the length of probation for 1st timers. Contact an attorney about expungement. You want it done right.
Answered on Aug 20th, 2012 at 5:07 PM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
No expungement. I am sorry to be the one to tell you that there is no expungement in the State of New York.
Answered on Aug 20th, 2012 at 5:06 PM
Transportation Attorney serving Mamaroneck, NY
at
Palumbo & Associates, PC
Update Your Profile
It never gets removed it will always be there.
Answered on Aug 20th, 2012 at 5:04 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
at
Timothy Kevin Byrne Attorney at Law
Update Your Profile
It is not removed from your driving record. It merely is not used after five years for enhancement purposes.
Answered on Aug 20th, 2012 at 5:04 PM
You must complete all terms and conditions of probation. Once this is done, most Judges want to see a minimum of half the probationary period served before they will consider expungement.
Answered on Aug 20th, 2012 at 5:01 PM
Domestic Violence Attorney serving Orange, CA
at
Law Office of James Gandy
Update Your Profile
This depends on your jurisdiction and the circumstances of your case. It is possible to have a DUI conviction expunged after one year of probation. As far as the DMV is concerned, it will remain on your license for at least 10 years.
Answered on Aug 20th, 2012 at 5:01 PM