Can I get a DUI expunged in California? 18 Answers as of February 24, 2012

I got a DUI when I was 20 years old in CA in 2007. I was not driving, but rather, I was parked on the side of the road when an officer pulled up behind me and, smelling the alcohol on my breath, gave me a field sobriety test. I blew a .10, and in court was convicted of a DUI. I was given community service, group alcohol class, a suspended license, and 3 years summary probation. I've completed all of the requirements, and would like to have the DUI expunged. Is this possible?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Expungements of DUI's are discretionary with the judge.
Answer Applies to: California
Replied: 5/23/2011
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: 2/1/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Yes it is possible. You can either try to do it yourself or contact an attorney to assist you.
Answer Applies to: California
Replied: 1/31/2011
Law Offices of Lawrence Wolf
Law Offices of Lawrence Wolf | Lawrence Wolf
Yes And we can handle it for you. Give us a call.
Answer Applies to: California
Replied: 1/31/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Yes, it is possible to get a DUI expunged in California. Call me at 818-336-1384 if you would like some further assistance in that matter.
Answer Applies to: California
Replied: 1/31/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Yes a DUI is expungable under California Penal code 1203.4.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Yes, you can have your conviction expunged ('dismissed), pursuant to Penal Code section 1203.4. Were you found 'guilty' after going to trial? I hope you did not willingly plead guilty on those facts. Your local Public Defender's Office can often process the Motion for you. There is usually a fee if it is processed privately. A private Attorney should not charge you more than $500 - $750 to process the motion.
    Answer Applies to: California
    Replied: 1/31/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    No, it is one of their rare "crimes" that you can't get expunged. Also they have raised the limit from 7 to 10 years for how long they can charge the first one to enhance a new one to a second DUI. Drive carefully.
    Answer Applies to: California
    Replied: 1/31/2011
    Goodman, Dicus, and Teinert, LLP
    Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
    Yes you would qualify to have your record expunged. The most cost effective way to have your record expunged is through an expungement website. This way you can handle your matter without having to actually go to an attorney's office but you'll still have all the benefits of having an attorney represent you on your case. I'd recommend visiting www.qiklaw.com. They can do an expungement for around $700 and they offer a money back guarantee and payment plans.
    Answer Applies to: California
    Replied: 1/31/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    It is possible to expunge the conviction after successful completion of probation. Since it has been 3 years since your probation began, it looks like a sure thing. Our office handles many of those cases. For more info or to retain our firm call.
    Answer Applies to: California
    Replied: 1/31/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Unfortunately- No.
    Answer Applies to: California
    Replied: 1/31/2011
    Law Office of Gregory W. Fox
    Law Office of Gregory W. Fox | Gregory W. Fox
    Yes. You should contact an attorney who can assist you in filing the appropriate documentation.
    Answer Applies to: California
    Replied: 1/31/2011
    The Law Office of Stacey Wolcott
    The Law Office of Stacey Wolcott | Stacey Wolcott
    Well technically speaking under Penal Code 1203.4, which is the expungement statute, DUI charges are specifically excluded. With that being said, if you have had some significant changes in your life and some good reasons for wanting an expungement, I have had some luck with a judge utilizing their discretion in the interest of justice and granting motions. Feel free to give my office a call to set up an appointment for a free consultation, I would be happy to discuss the specifics with you.
    Answer Applies to: California
    Replied: 1/31/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes. Once you have successfully completed probation, you are eligible for a petition for expungement (assuming you are not on probation for any other matter). Give my office a call!
    Answer Applies to: California
    Replied: 1/31/2011
    Law Office of Marc K. Herbert
    Law Office of Marc K. Herbert | Marc K. Herbert
    Yes, you can get this charge expunged, since you completed all tasks ordered by the Court and probation is over.

    There may be a filing fee (LA County charges $120.00, for example) for the two-page Petition, but a packet of support should also be filed with the Court.

    If you would like to talk more about your specific case, please call my office.
    Answer Applies to: California
    Replied: 1/31/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes. Many convictions, including your DUI, can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, 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'. 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 and employment because of your conviction. If youre serious about doing this, and you think you qualify, feel free to contact me for the legal help you'll need.
    Answer Applies to: California
    Replied: 1/31/2011
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    Yes, you can get your DUI expunged if you have:

    1. Satisfied all of the terms and conditions set by the court,
    2. Paid your fines in full, and
    3. Currently have no other pending charges.

    Each county is procedurally different but the forms are the same. You can go to the clerk's office and get the packet of documents needed to have your DUI expunged.

    Include a declaration based on why you need this DUI expunged.

    Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
    Answer Applies to: California
    Replied: 1/31/2011
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