Legal Question in DUI Law in California

How long does a D U I stay on your record ? Can you get it off your criminal record also ?


Asked on 9/13/09, 11:17 pm

2 Answers from Attorneys

Dave Jake Schwartz sonomacountyduilawyer.com

It depends on what records you are asking about, your age at the time of conviction, and for what purpose you are asking.

Juvenile criminal records are sealed at age 18. But DMV records typically remain forever, whether juvenile or adult (although insurance companies typically stop using driving history after three years in auto insurance rate calculations).

An adult criminal DUI record typically remains forever. A DUI can only be charged as a prior for ten years, but the existence of a prior DUI conviction outside of ten years can still be used to increase the severity of penalties in a present DUI.

One can try to expunge an adult DUI criminal conviction. Subject to certain limitations, once someone's local court probation is completed, they may petition for an expungement (basically a withdrawal of plea and a dismissal) of a criminal conviction in order to legally not disclose a DUI conviction on a future application for employment in the private sector. Even government jobs and state licensing boards, or other situations where disclosure might still be required, will almost always view a successful expungement as a helpful, court-approved rehabilitation and a respectful final outcome.

Expungement has limitations, so be sure to ask an attorney before relying on this procedure to �erase� a DUI. Moreover, an expungement will likely not automatically erase, seal, or cause the destruction of state and federal department of justice and homeland security records. Usually, courts will still be able to �see� an expunged prior DUI, and it will still be usable in a new criminal case. Nevertheless, the results of a successful expungement can be beneficial and are generally advisable.

If you live in Sonoma County and wish to see more discussion about expungements, or hire a Santa Rosa DUI lawyer, please visit my website at http://www.sonomacountyduilawyer.com/.

Good luck,

Jake

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Answered on 9/14/09, 5:49 am
Terry A. Nelson Nelson & Lawless

Forever. However, many convictions [including yours] can be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and DV crimes, if you completed all terms of probation, and if you have no new charges. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most employment applications. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 9/14/09, 3:40 pm


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