How can I get a DUI expunged? 13 Answers as of February 22, 2012

Was my first DUI. Happened in California. I have a clean record otherwise. Happened in August of 2003. Is that long enough for the statute of limitations or other requirement? How much does this cost? Is it worth it?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Each county has a different procedure and it can be done with or without an attorney. Sometimes you are entitled to an expungement; sometimes it is discretionary with the judge. DUI expungements are discretionary and an attorney could help. He or she would likely seek the route of a formal motion before the court which also could be done much sooner than the administrative way. Costs vary with attorney to attorney. In such things where the lawyer makes a difference you get what you pay for.
Answer Applies to: California
Replied: 8/6/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
You can get it expunged with a lawyer or on your own. If you do it by yourself it usually takes 4-6 months. In our office expungements in Santa Clara County are $1120
Answer Applies to: California
Replied: 8/6/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
DUIs can't be expunged and even if you could it would not be worth it. Here is what an expunged record looks like" Jan 1, 2000 arrested for DUI March 1, 2000 entered guilty plea to DUI May 2007 Relief granted pursuant to P. O. 1203.4 Anyone given permission to view your rap sheet will see what is written above.
Answer Applies to: California
Replied: 8/6/2011
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
You can get a misdemeanor DUI conviction "expunged" as soon as you complete probation. This legally is a withdrawal of the guilty or no contest plea, and entrance of a not guilty plea, and a dismissal of the accusatory pleading against you under Penal Code section 1203.4. There is a filing fee of no more than $120. It is important to note that this does not remove the priorability aspect of the conviction for 10 years. In other words, if you get another DUI arrest within 10 years of the prior expunged conviction, you can still be charged as a 2nd offender subject to more severe consequences. In addition, an expungement does not preclude law enforcement and district attorneys from seeing the expungement in your Department of Justice record. Finally, government jobs and licensing applications still often require that you acknowledge if you have ever had a conviction expunged.
Answer Applies to: California
Replied: 8/6/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Yes, getting the conviction expunged would help in obtaining and keeping employment. A conviction can 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 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 applications for government and professional employment and licensing, bonding, security clearance, etc. A DUI still would count as a prior if arrested again for DUI within 10 years. It is up to you if it is worth doing. The cost is a filing fee to the court of about $125, plus whatever attorney fees are charged generally an hour or so. 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: 8/6/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    You can get an expungment and it is worth it. The filing fee is $150.00. You can do it on your ownorhire an attorney. Typically a lawyer will chage $750 to,$1000.
    Answer Applies to: California
    Replied: 8/6/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It's a process of petitioning the court that you were convicted in. Assuming you completed all the terms of your probation, you are not on probation for this conviction or another conviction, and have no pending charges, then you are eligible for expungement. As for costs, there is a filing fee which can vary depending on the county you were convicted in. For example, the current filing fee for Los Angeles County is $120 per expungement. There are many benefits to an expungement, particularly when it comes to employment and looking for jobs. You can go to my site which has more detailed information about expungements. I handle expungements and can assist you with yours if you would like.
    Answer Applies to: California
    Replied: 8/5/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    The last question is the most important one. May seek any time after probation conditions fulfilled. Expungement does not remove event from record. conviction must be revealed on job and license applications with the gvernment. You can get the form on line and do not always have to be present.
    Answer Applies to: California
    Replied: 8/5/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    You can get it expunged via 1203.4 motion to the court and after 10 years it falls of the DMV record naturally.
    Answer Applies to: California
    Replied: 2/22/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Although California doesn't have a true "expungement" statute, you can seek a dismissal under Penal Code section 1203.4. If granted, it would dismiss the case and add an entry to your criminal history that the case was subsequently dismissed. It won't erase the entry from the records, but it would allow you to tell most private employers that you have not been convicted of the charge. What it won't do is affect your DMV history in any way. You could have sought a dismissal after probation ended back in 2006, so you can certainly do it now.
    Answer Applies to: California
    Replied: 8/5/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    Is it worth it, yes! You open more doors for yourself when you get one. You need to file a petition with the court that you were convicted in. You need to call the court to see how much their filing fees are. Attorneys can do it all for you too for a fee.
    Answer Applies to: California
    Replied: 8/5/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes, it is important to have your misdemeanor DUI expunged. This allows you to lawfully tell employers and other entities that you were never convicted of a crime. However, it should be noted that a DUI stays on your driving record and is prior-able for ten years. This means that, even with an expungement, a new DUI violation will still be considered your second and this holds a much higher punishment. As long as you successfully completed the terms of your probation, you should be eligible for an expungement.
    Answer Applies to: California
    Replied: 8/5/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    As long as you are not currently on probation for anything else, and have nothing pending, you are eligible. Of course it is worth it, who wants a criminal record when it can be removed? Contact a lawyer to file the petition for expungement.
    Answer Applies to: California
    Replied: 8/5/2011
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