Can I remove a DUI from my DMV record after 10 years? 7 Answers as of March 03, 2011

I was charged with a DUI in 1997 in San Francisco and my license was suspended. I completed the necessary steps that the court/DMV asked me to do. For a new job, I need a clean driving record and went to the DMV last week for an H6 printout. However, the printout still shows my 1997 DUI case/suspension. I thought after 10 years this charge/case/points would no longer appear on my printout. What gives? What can I do?

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Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
All you can do is expunge the criminal conviction in court. The driving record is separate and it is what it is.
Answer Applies to: California
Replied: 3/3/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Sorry Sparky - This is a common misconception. After 10 years (it used to be 7) they cannot charge a NEW DUI as being a second; ie having in a prior. But that's about all it does. Though insane, you can expunge virtually every crime, rape, murder, child molesting, serious drug sales, etc BUT YOU CANNOT EXPUNGE A DUI. Talk to your legislator.
Answer Applies to: California
Replied: 2/24/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Once you are older than 18 your record cannot be sealed. The best you can do is expunge your record. This will indicate that the case was dismissed. Typically a DUI will fall off of your DMV record after 10 years.
Answer Applies to: California
Replied: 2/24/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
No. Records are forever. DMV and criminal. Your DUI no longer counts as a prior after 10 years.

However, many felony and misdemeanor convictions like 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 sentenced whether served or not, and if it was not for certain sex and Domestic Violence crimes, and if all terms of sentencing and/or probation [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 If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed.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 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.
Answer Applies to: California
Replied: 2/24/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
After 10 years it goes off their record of convictions. However I guess it is still reflected in the suspension section. It will also appear on your state conviction recordcarried by the dept. of justice. You should consider expunging it. That will not erase it but will show it as dismissed. The employer might be swayed by that. We do those cases many times and would be glad to quote you a fee or answer more questions.
Answer Applies to: California
Replied: 2/24/2011
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