What will happen if I got a DUI and have a bad driving record? 9 Answers as of June 14, 2011

I had a DUI on Aug 22, 2009 and up until now, I was never convicted. My DMV record though is scarred, is there a way to clear my DMV Record? I already filled out a Petition to Seal my criminal record (Penal Code 851.8).

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
You will lose your license. For more information, please see my website or call me for a legal consultation.
Answer Applies to: California
Replied: 6/14/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Assuming you are over 18 your record cannot be sealed under PC 851.8. You can apply for an expungement under PC 1203.4 if you were in fact convicted, Beyond that, stop getting tickets and your driving record will eventually improve.
Answer Applies to: California
Replied: 6/13/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
If you were not convicted of the DUI, it should not appear on your DMV record. In order to file a Penal Code Section 851.8 Motion, it is necessary to request, in writing, the Police Agency that arrested you to agree to seal your record. Usually they refuse, but it is necessary to try.
Answer Applies to: California
Replied: 6/13/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Every conviction and arrest has an impact on the DAs attitude towards you, and on penalty enhancement for priors. Records are forever, DMV and criminal, that is the whole point. They don't get cleared. I don't understand how you can have a two year old arrest without conviction, unless the charges were dropped or unless you are on deferred entry and probation. If you are currently facing charges on any crime, if serious about hiring counsel to help you, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California
Replied: 6/10/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
The petition you filed is not the correct thing and won't do anything. Penal Code 851.8 is a petition for factual innocence to seal and destroy arrest records if there was no legal basis to arrest you. You plead guilty, so this isn't you. You can file a dismissal under Penal Code 1203.4 if you have completed probation. That will allow you to tell private employers you haven't been convicted of a crime, but it will remain on your record, just with a notation that it was dismissed. That will have absolutely no effect on your DMV history, however. The DUI is going to stay on there for 10 years.
Answer Applies to: California
Replied: 6/10/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No, there is nothing you can do to clear your DMV record. A DUI will affect your insurance for at least 7 years, but the 2 points you got should trail off in 3 years.
    Answer Applies to: California
    Replied: 6/10/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    No way to clear. For insurance purposes offenses stay on for 3 years. Your DMV record always remains.
    Answer Applies to: California
    Replied: 6/10/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Probably suspend for 1 to 2 years because of any prior administrative record. Can't make that good away.
    Answer Applies to: California
    Replied: 6/10/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    When you say "up until now," were you recently convicted (....almost 2 years later)? Or have you still not been convicted? Contact me through 1duilawyer.com to discuss further. If you were just convicted and you are on probation, generally speaking, you will not be able to seal your criminal record. As for the DMV record, I do not believe there is a way to clear that. If there is an "acquittal" of a DUI in criminal court, then you can clear the DUI on your driving record as a result of the loss at the APS hearing (or failure to request an APS hearing). It's a bit confusing, I know. Contact me if you would like to speak about it in more details.
    Answer Applies to: California
    Replied: 6/10/2011
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