Can you get a DUI in California completely removed from your record? 11 Answers as of February 24, 2012

If you have a lawyer for your 1st DUI in California for a .13 can you get it removed from your record so that bosses cant see it?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
No but you can obtain an expungment possibly by filing the appropriate motion with the court. It would allow you say on job applications that you have no convictions.
Answer Applies to: California
Replied: 10/4/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
No. Records are forever. If you havent been convicted yet, fight it. If you were already, you can consider getting the conviction expunged; it would help in obtaining and keeping employment. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court. 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. If you are talking about a current arrest, keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 5/31/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
No. even an expungement remains on your record for purposes of a prior.
Answer Applies to: California
Replied: 5/31/2011
Komanapalli Massey LLP
Komanapalli Massey LLP | Mark A. Massey, Esq.
PC section 1203.4allows you to expunge a misdemeanor conviction within a few months following your completion of all sentencing and probation terms. So, yes, you can.
Answer Applies to: California
Replied: 5/31/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
It is possible to get a DUI expunged, which is a fancy word for "dismissed." Technically, the charge will still appear on your record, but instead of being a conviction on your record, it will state that it is dismissed. There are many advantages to this, including being able to answer "no" when asked by private employers if you were ever convicted of a misdemeanor. There are some intricacies to it. Feel free to call me to discuss in further detail so I can give you a more in depth explanation of the benefits and limitations. I recently had a 2nd offense DUI conviction expunged for one of my clients.
Answer Applies to: California
Replied: 5/31/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    As long as you have successfully completed probation, am not currently on any other probation, and have no other criminal case(s) pending, you are eligible for a petition for expungement. And yes, if the expungement petition is granted, your employer will not be able to see it. Contact an attorney to file the petition for you and conduct the expungement hearing.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    You can't get it completely removed but you can convert a guilty/no contest into a not guilty through the expungement process.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    You can have it expunged, if you meet the requirements, but that doesn't physically remove it from your record. It simply adds a notation that it has been expunged. However, once expunged you can legally state that you have not been convicted of a DUI.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    No, a DUI always stays on your record.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Not completely. You can get a dismissal (commonly called an expungement) under Penal Code 1203.4. That allows you not to have to disclose it to most private employers. 1203.4 doesn't erase it from your record - it just adds a notation that it was dismissed. There is also no sealing of adult records in California either. However, it will stay on your DMV record for 10 years, so if your job requires a DMV printout, it can be found that way.
    Answer Applies to: California
    Replied: 5/31/2011
    The English Law Firm
    The English Law Firm | Robert English
    You can have the conviction expunged, but it will not remove the record of arrest or change that the conviction creates a prior offense. Many employers do background investigations that may still show the arrest so they would likely ask you about it.
    Answer Applies to: California
    Replied: 5/31/2011
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