Can I expunge a California DUI? 11 Answers as of April 21, 2011

I was convicted of a DUI in 2005, my fines are paid in full and I am not on probation of any kind. Am I eligible to get the DUI expunged off my record? How much do you charge? How long does it normally take?

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The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
Yes. You should be eligible. It generally takes anywhere from 6 to 8 weeks from the date of filing.
Answer Applies to: California
Replied: 4/21/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Many felony, misdemeanor and infraction convictions [including DUI] can sometimes 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 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 If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement 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.

If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need. The fees and costs are reasonable, in the range of an hour or two of attorney time, and the process takes from a few weeks to several months, depending upon the court system and its backlog.
Answer Applies to: California
Replied: 4/21/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
An expungement on a DUI is discretionary by the court. There are several ways to do it with or without an attorney. I cannot quote a fee on this service. You are welcome to call our office for a free consultation.
Answer Applies to: California
Replied: 4/21/2011
Law Offices of Lawrence Wolf
Law Offices of Lawrence Wolf | Lawrence Wolf
Yes, price varies and it can take from 3 to 8 weeks Faster if necessary.
Answer Applies to: California
Replied: 4/20/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Absolutely. I do them often here in San Diego. I charge a flat $1500. Good luck!
Answer Applies to: California
Replied: 4/20/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, you are eligible. Give my office a call!
    Answer Applies to: California
    Replied: 4/20/2011
    The Law Offices of Michael S. Berg
    The Law Offices of Michael S. Berg | Michael Berg
    Yes you can. It can take up to 90 days or so for the court to act on it. Good luck.
    Answer Applies to: California
    Replied: 4/20/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    Yes, you can get this expunged. It takes between 1-2 months to get an expungement finalized, depending on which court the case is in. Fee also depends on location, just let me know where and I can email you a quote.
    Answer Applies to: California
    Replied: 4/20/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    No, I wish I could. California does not allow for the expungement of DUIs even after the 10 year period that they can prior you. I believe it is the only statute you can't expunge. Sorry.
    Answer Applies to: California
    Replied: 4/20/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    It is very likely that you can get your DUI expunged under these circumstances. More information will be needed to provide you with a definitive answer. The time frame for getting the expungement completed depends on the courthouse where your case was previously concluded. Typically, it can take 4-6 weeks and sometimes less. Please contact our office for detailed information.
    Answer Applies to: California
    Replied: 4/20/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Yes you can expunge a CA DUI. The fact that you completed all of the terms of your sentence enables you to that. You should note that for DMV purposes the DUI remains on your record for 10 years- in the event you receive another one. Depending on the court, it can can take 3-6 months. There is a backlog. Cost is approximately $750.00.
    Answer Applies to: California
    Replied: 4/20/2011
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