What You Need to Know About Getting a Wet Reckless Expunged in California
A wet reckless is an alcohol-involved criminal misdemeanor charge that carries slightly reduced consequences compared to DUIs. Here’s how to expunge a wet reckless in California.
Expunging a wet reckless can play a critical role in someone’s future opportunities. Expunging a wet reckless is possible if an individual aligns with eligibility guidelines and takes the proper steps.
Criteria to Meet for a Wet Reckless Expungement
- An individual can qualify to get their wet reckless expunged if they meet all of the following:
- Assigned probation was successfully completed, or if not assigned probation, one year has passed since initial conviction
- All requirements of the sentence are completed, such as fines or community service
- The individual is currently not charged with any other offenses, on probation, or serving a different sentence
While these are general guidelines, individuals who fail to meet 1 or more of these requirements can be heard at court in a special hearing to determine if the individual is a good candidate for expungement.
Related: Wet Reckless vs DUI in California: The Difference
The Process of Wet Reckless Expungement
California Penal Code 1203.4 allows a person with a wet reckless or DUI to petition the court to withdraw a plea of guilty or no contest, to re-enter a plea of not guilty, or to have the case dismissed. The first step of expungement is hiring an attorney to ensure proper proceeding and paperwork is completed. Certain paperwork must be filed in order to begin the expungement process. Such paperwork can include CR 180 and CR 181 forms, but this can vary based on circumstance. The necessary paperwork can be found on the California Courts website.
The individual then must file for expungement with the court of which the wet reckless was originally heard and wait for a new hearing date. The last step in expunging a wet reckless is preparing for the hearing or waiting for the results depending on whether or not the court requires the defendant’s presence. Wet reckless expungement cases can take anywhere from 3 to 4 months. However, it is possible that the process could take longer as these cases are typically not the court’s priority.
If an expungement is granted, the case becomes sealed and the individual is free to deny criminal history. If the expungement is denied, a defendant can file a new petition after 6 months.
Benefits of Getting a Wet Reckless Expunged
If the court grants it, an expungement rids an individual of all consequences set with conviction. This includes not having to disclose criminal history to a future employer even after the employer makes a conditional offer of employment. A wet reckless expungement also makes it easier for an individual to obtain a state license. Additionally, a wet reckless expungement cannot be used to discredit an individual’s future presence as a witness in court.
Related: Determining Fault in a California Car Accident
Is My Record “Clean” After a Wet Reckless Expungement?
Expunging an individual’s wet reckless means that after the process is completed, an individual’s record will be updated to reflect the expungement. Unless the case is sealed, an individual’s criminal history will remain on public record. Expunging an individual’s wet reckless will not remove it from their DMV record.
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