Legal Question in DUI Law in California

I had a dui and the insurance is killing me. I was assigned 3yrs probation which ends December of this year. At what point can I have this expunged from my record? This is a first offense non felony.


Asked on 3/24/10, 1:32 pm

2 Answers from Attorneys

Matthew Koken Law Office of Matthew S. Koken

Two ways to handle the situation:

(1) Have an attorney make a motion to terminate probation early. If that is granted, you can file paperwork to have the conviction expunged.

(2) Wait until probation is over and file paperwork for the expungement.

I know DUIs usually come with 5 years of probation. Make sure that is not the case with you. Best of luck.

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Answered on 3/29/10, 1:38 pm
Terry A. Nelson Nelson & Lawless

Many convictions [including your DUI] can be 'expunged' by proper application and Motion to the court, but only if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. Expungement does not change your DMV record for purposes of insurance, so will not solve your stated problem. If you’re serious about doing this, feel free to contact me for the legal help you'll need.

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Answered on 3/29/10, 2:51 pm

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