Can I remove my DUI from the DMV record? 6 Answers as of November 21, 2010

I was charged with a DUI when I was 18. The charges were dropped but the DMV still suspended my license. I want to apply for a job that requires a spotless driving record. Can I get the DMV record removed?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Nothing is "removed" from a DMV record. If you suffer another administrative suspension within the previous 10 years the period of suspension is 1 year rather than 4 months so it is at least subject to being used by the DMV for such a time period.
Answer Applies to: California
Replied: 11/21/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
If DMV reported it as a conviction you can get it corrected by contacting DMV directly. If they reported it as an arrest you probably can do nothing. If they reported it as a suspension probably nothing.
Answer Applies to: California
Replied: 11/19/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Sort of.

The general rules and guidelines are: Records are forever. However, many felony and misdemeanor convictions, including 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If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed.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. If expunged, you would be able to say no to conviction on most private employment applications. However, the conviction is still a prior for purposes of repeat offense and insurance, and must be disclosed on any application for government and professional 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 you are serious about doing this, and you think you qualify, feel free to contact me for the legal help you will need.
Answer Applies to: California
Replied: 11/19/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Your license was suspended probably because you took a test and had a blood alcohol level of .08 or above. There is no way to remove the fact that your license was suspended from DMV records. As far as the DUI if you were not convicted then the arrest should not be used against you.
Answer Applies to: California
Replied: 11/19/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
If the DMV suspended you after a hearing you are screwed. Even if they suspended you just on the fact that you were charged, tho ultimately the case was dismissed it would depend on the reason for the dismissal. DMV are pricks and do not like to clean up records but it is worth visiting your local DMV office and see what they say. As I said, if suspended after a hearing don't waste your time.
Answer Applies to: California
Replied: 11/18/2010
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