How long do I have to wait before I can get a DUI that I obtained in California expunged? 11 Answers as of February 24, 2012

I received a DUI about 11 years ago while living in California. Because I am thinking about job hunting and do not want this to show up on my record, I want to get this taken off my record. How old does a DUI have to be before I can get an expungement for it?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
As soon as you complete your probation you are eligible for an expungement though with a DUI it is discretionary with the judge.
Answer Applies to: California
Replied: 5/27/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
As long as you successfully completed probation and am not currently on probation for anything, you are eligible to petition the court for expungement. Contact a DUI specialist.
Answer Applies to: California
Replied: 3/3/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
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 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 If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed.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: 2/27/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
You qualify now, however it will not result in the conviction being erased. It goes on your record as an additional entry saying the case has been dismissed. If that will do the trick you can either apply yourself ( takes about 6 months ) or call our office to do it ( about 1 month ).
Answer Applies to: California
Replied: 2/27/2011
Srai Law Office
Srai Law Office | Gurjit Singh Srai, Esq.
Generally, if you have completed your probation, have no new violations, and paid all your fines you will be able to get your DUI expunged pursuant to penal code section 1203.4. However, this will not "clear It from your record" rather the court record will indicate that the conviction was set aside due to penal code section 1203.4.
Answer Applies to: California
Replied: 2/27/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    You can expunge virtually any other crime (including homicide and all sorts of serious drug offenses) in California EXCEPT a DUI. Penal Code Sec 1203.4 controls. You can google California Penal Code and read it. Sorry. Also, now a DUI stays on your record for 10 years and if you get another one within that time frame you have a prior with the punishment much more severe It stays on your record AFTER 10 years, but they can't use it as a prior.
    Answer Applies to: California
    Replied: 2/24/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Is this a misdemeanor DUI? If so, and assuming you complied with the terms of your probation (ie. completed any required alcohol terms, paid any fines, etc), you are not on probation for something else, and have no pending charges against you, then you are likely eligible to get your DUI expunged and a good candidate. Call me if you would like to discuss this in more detail. Coincidentally, I am currently in the process of getting two DUI convictions expunged for a client that lives out of state.
    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
    You can apply to have your DUI expunged as soon as you are off of probation. I would apply now. Understand what an expungement does and does not do. It will not seal your arrest record. It will show that the case was dismissed.
    Answer Applies to: California
    Replied: 2/24/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    The applicable statute is Penal Code section 1203.4. If you are in compliance with the conditions, you can simply go on line , fill out and print the form, serve it on the DA.
    Answer Applies to: California
    Replied: 2/24/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    It is expungable now.
    Answer Applies to: California
    Replied: 2/24/2012
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