Legal Question in DUI Law in California

Can you expunge a DUI from your DMV record for a job opportunity

Asked on 8/19/13, 2:13 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless
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Yes, sounds like yours may qualify. Some CA convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, 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If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT ‘clear’, 'remove', ‘erase’ or ‘disappear’ the conviction. Nothing will. ‘Records are forever’. Expungement does change the court record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses with the courts and DMV. Expungement will help in obtaining employment. When applying for a job in the PRIVATE sector, in response to any question concerning your prior criminal record, you may ‘legally’ deny that you were arrested or convicted of the offense.

If you’re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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8/19/13, 4:11 pm

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