Can a California DUI first offense be expunged? 15 Answers as of February 22, 2012

Can a first offense DUI charge with one other criminal record be expunged in California?

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Generally yes. Many 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 and Domestic Violence crimes], and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. Engagement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction.
Answer Applies to: California
Replied: 7/30/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Yes. If you have successfully completed the terms of your probation and have not committed any other offenses since your guilty plea, you may be able to get your DUI conviction expunged. Keep in mind, however, a DUI stays on your driving record for ten years. This means that you will still receive a SECOND TIME DUI charge if you are convicted within ten years of the date of your guilty plea. However, if you get your conviction expunged, you can lawfully say that you have never been convicted of a crime.
Answer Applies to: California
Replied: 7/30/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
A DUI can be expunged, just like any other crime, after successful completion of probation. Unfortunately that does not erase it from either your DMV record or your criminal record. It does result in a Dismissal of the charge.
Answer Applies to: California
Replied: 7/30/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Yes, at the discretion of the court after you apply for one.
Answer Applies to: California
Replied: 7/29/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    You can expunge almost any charge (there are a few exceptions) after the term of probation ends. You can certainly expunge a DUI, but the so-called 'expungement', which is really a belated dismissal (and a 'dismissal' under the law) does not prevent the charge from being used as a prior for ten years by either the Court or the DMV. The benefits of the dismissal are detailed in Penal Code section 1203.4. Probation must end, you must not be on probation for any other case, all your fines and fees must be paid and you must have no new case pending.
    Answer Applies to: California
    Replied: 7/29/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Yes, a first offense DUI can be expunged. You have to petition the court you were convicted in. There are certain criteria that need to be met.
    Answer Applies to: California
    Replied: 7/29/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Contrary to popular misconceptions, and to misrepresentations by some attorneys who either don't understand or are trying to scam, there is no such thing as criminal conviction expungement in California law. There is the phony-baloney 1203.4 types of "dismissals" some call expungement, but the conviction remains for most purposes, including use as priors, for government employments, grants, for gun possession issues, for drivers license matters, and for many other vital matters.
    Answer Applies to: California
    Replied: 7/29/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Sure, if you have successfully completed probation.
    Answer Applies to: California
    Replied: 7/29/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Absolutely! assuming you fulfilled all conditions of probation.
    Answer Applies to: California
    Replied: 2/22/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes
    Answer Applies to: California
    Replied: 7/29/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes. Expungement is a misnomer: PC 1203.4 dismissal is not an expungement. It allows you to answer no to the question: have you been convicted for a misdemeanor. With respect to a DUI, it is discretionary with the court to grant and you cannot be on probation when you ask for dismissal pursuant to 1203.4 because it will be denied.
    Answer Applies to: California
    Replied: 7/29/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, as long as you have successfully completed probation, and not currently on any other probation, and have no pending criminal case(s). Contact an attorney to file the petition for you and conduct the expungement hearing.
    Answer Applies to: California
    Replied: 7/29/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    NO
    Answer Applies to: California
    Replied: 7/29/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Yes. Most criminal charges can be expunged.
    Answer Applies to: California
    Replied: 7/29/2011
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