How do I expunge my DUI I got five years ago and how much would it cost? 11 Answers as of November 28, 2010

I am now 22-years-old. When I was 19, I got a DUI when I was visiting my friends in Northern California. I am trying to get into law enforcement, but am scared that my chances will be ruined because of the DUI. If I have nothing else on my record, what do I need to do to get the DUI expunged?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
There are basically two ways to obtain a misdemeanor expungement under Penal Code 1203.4. The first merely involves obtaining a form application either from the clerk's office or the probation department and then the matter is submitted to the judge without a court appearance. This does not involve your hiring an attorney necessarily. The problem is DUI expungements and others under certain circumstances are discretionary meaning the court can deny them if he or she feels they are not warranted. Hiring an attorney would be safer in that a motion would be filed with the court and a court appearance scheduled. Any reservations the judge might then have about granting it could be addressed directly. The cost varies with the amount of work, where the expungement is sought and other factors. This should be discussed with the attorney with whom you consult.
Answer Applies to: California
Replied: 11/28/2010
Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
You will need to prepare and file a document entitled Request for Dismissal, which allows you to withdraw your plea and have the case dismissed by operation of law.

The sentencing judge has alot of discretion on these Requests, meaing that that he/she can grant or deny the Request for any reason. The chance for a granting of your Request are much higher, if you competed all of your obligations (DUI program, payment of fines, etc) early or on time.

Looks like your DUI happended three years ago (based on your age). Many judges seem to think that three years is too brief a time priod to grant the Request, but there is no legal barrier to trying it.

Some counties, such as LA County, charge a $120.00 filing fee, so check with the Court where you were sentenced for local filing fees. You might also want to consult with an experienced defense attorney, who may be able to file suporting documents to the sentencing judge.

Finally, chances are that any law enforcmeent agency will still see the DUI conviction, even after it's dismissed by the Court. If the Request is granted, it may be best to still disclose the old DUI case but also write that it was later dismissed.

If you have any other questions, please call my office.
Answer Applies to: California
Replied: 11/27/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Our office frequently expunges DUI convictions. It takes about 3 weeks from when we are retained. We charge new clients $1000. Call if we can help you
Answer Applies to: California
Replied: 11/26/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The general rules and guidelines are: Records are forever. However, many felony and misdemeanor convictions [not infractions] 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'. 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' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. That certainly includes law enforcement. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. You need to ask your intended agency if your record bars you. It may. 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: 11/26/2010
Law Offices of Philip P. De Luca
Law Offices of Philip P. De Luca | Philip De Luca
I would recommend that you expunge the DUI, but you can only do so when your probation is over, and so long as you have no new offenses (misdemeanor or felony), however, unfortunately, expungement will not help in terms of your pursuit of a job in law enforcement. Application for Law enforcement is one of the exceptions. You will still have to disclose the DUI conviction, because law enforcement background checks will reveal it, but it will look better if it is expunged.
Answer Applies to: California
Replied: 11/24/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    I can help you with the expungement process. Based on the information you gave me, should not be an issue for the expungement to get granted. Fee would be $1,200 for a DUI expungement. Call me.
    Answer Applies to: California
    Replied: 11/24/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Getting a DUI expunged will not preclude a police agency from finding it. How they decide to treat it depends on the police department you apply to. Expungement only prevents private employers from accessing your record.
    Answer Applies to: California
    Replied: 11/24/2010
    The English Law Firm
    The English Law Firm | Robert English
    You can expunge the DUI. The cost is not that bad. However, it will still count as a prior offense if you were to get a 2nd DUI within 10 years. Also, even if expunged, you would still have to disclose the DUI if applying to be a peace officer.
    Answer Applies to: California
    Replied: 11/24/2010
    Hale Law Group
    Hale Law Group | Joshua D. Hale
    Need to get an attorney to file the proper paperwork and go to court. My office handles this regularly throughout California. Let me know if I can help.
    Answer Applies to: California
    Replied: 11/24/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Since you are probably done with probation, you would be eligible for an expungement. You should contact a DUI specialist to do this.
    Answer Applies to: California
    Replied: 11/24/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    It is one of the few offenses that you cannot get expunged. Look at PC 1203.4.
    Answer Applies to: California
    Replied: 11/24/2010
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