Legal Question in Criminal Law in California

How long does a DUI stay on your criminal record and can it be removed?


Asked on 10/01/09, 1:36 pm

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

A DUI stays on your DMV record and can be used against you for 10 years. It also shows up on your criminal record.

Yes, they can be expunged, but it's not the magic eraser that takes it completely off your record. If a motion to dismiss (a.k.a expunge) is granted, it adds a note that the case was dismissed pursuant to the Penal Code section that applies. That allows you to tell private employers that you haven't been convicted of a crime, but you must disclose in certain situations. If your employment background involves a DMV history check, it will be discovered even with an expungement, so you'll have to decide how to disclose and not look like you're trying to hide something.

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Answered on 10/01/09, 1:58 pm


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