What You Need to Know About How to Expunge a DUI in California
DUI, standing for driving under the influence, is the offense of driving under the influence of alcohol or drugs. Here’s how to expunge a DUI in California.
Under California Penal Code Penal Code 1203.4, a DUI can be expunged from the criminal record. Most people convicted of a simple DUI are eligible for expungement after their probation ends.
Criteria For Expunged Conviction
Generally, an individual is eligible to petition the court to expunge a DUI if the individual:
- Was not sentenced to jail, and;
- Completed the probation/not be on any probation or parole
- Paid court fines and fees for the DUI conviction
- Not charged with any crime
California’s DUI probation lasts from three to five years. Usually, first-time convictions result in three-year summary probation, which is unsupervised.
Related: How to Expunge a Wet Reckless in California
The process to Expunge a DUI
Here is what you need to do to expunge your DUI:
- Gather information on court of conviction, case number, date of conviction, etc;
- File an expungement petition;
- Pay the petition fee or file a fee waiver;
- Serve the prosecuting attorney (if requested by the court);
- Someone, other than the petitioner, delivers a copy of the petition to the District Attorney’s Office
How Much Does It Cost?
The court filing fees vary by the county in California, ranging from 0$ to $240. For instance, in Los Angeles, the DUI expungement court fee is $120 while the fee in San Francisco is $0. An individual may also request a fee waiver if he or she cannot afford court filing fees.
How Long Does Expungement Take?
It usually takes one to three months for the court to decide on a DUI expungement petition. If the petition is denied, an individual can file for reconsideration within 60 days or re-file the expungement petition later.
Related: Wet Reckless vs DUI in California: The Difference
Benefits of Getting a DUI Expunged
When a DUI is expunged, it will not be displayed in public search of a criminal record. In today’s world, most employers conduct a criminal background check on employees. Therefore, a stain on someone’s criminal record may close the door to invaluable opportunities. Therefore, DUI expungement can benefit tremendously and assist in the following ways, including but not limited to:
- securing employment or educational opportunities;
- getting loans at good interest rates;
- obtaining lower insurance premium;
- improving credibility as a witness in court
Is the Conviction Permanently Destroyed?
No. After the expungement petition is permitted, the DUI conviction will be displayed to be “set aside and dismissed” on the official criminal record. Employers might be able to see that a conviction was dismissed. Therefore, an individual can answer “no” when asked if he or she is ever convicted during a job or school interview.
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