DUI expungement in California can be a great opportunity to get a fresh start after being convicted of a DUI. You may have expanded job opportunities, fewer restrictions on your rights, and less social stigma. However, DUI laws do not make this process straightforward.
There are many eligibility requirements to complete before even filing for expungement. Additionally, expungement is not automatic and requires you to initiate the process with the court. If you are looking for legal guidance on whether to file for expungement or need assistance in court, you should hire an expungement lawyer.
What Is Expungement?
California expungement laws do not have an option to traditionally expunge a criminal conviction, which would seal the arrest and conviction records. Instead, expungement, or dismissal, in California involves asking the court to dismiss your criminal conviction. This replaces your guilty conviction with a dismissal and can provide valuable post-conviction relief.
Many people choose to file for dismissal in order to remove the negative impacts of having a criminal record on their life, social reputation, and opportunities. With an expungement, or dismissal, you may have:
- Greater job opportunities
- An easier time finding housing
- The ability to obtain professional licenses
- Restored peace of mind
About one in every three adults in the United States has a criminal record, many of which involve a DUI. In 2023, Rancho Cucamonga had 173 arrests for DUIs, and in 2021, there were 110,017 arrests across California. While not everyone with a DUI arrest or conviction is eligible for expungement, it is possible for many individuals.
Eligibility Requirements in California Expungement Laws
There are strict eligibility requirements that you must meet before DUI expungement can be granted. Under California’s DUI laws, these requirements can vary, making it important to review your case with a lawyer who can identify the specific rules and requirements that apply to your case. In general, expungement requires:
- No pending criminal cases or active criminal charges
- Completion of your sentence
- Payment of all court-ordered fines, fees, and restitution
- Completing a waiting period after misdemeanors without probation or for felony DUIs
What the Expungement Process Looks Like in California
The expungement process should begin by speaking with a lawyer who can review the specific eligibility requirements for your specific DUI case. Then, you can complete several forms and file them with the court, such as an original Petition for Dismissal, an Order for Dismissal, and an original Petition.
The documents are typically filed with the court that originally heard the case. In San Bernardino County, for example, cases can be filed with the Criminal Division of the San Bernardino District Court at 247 West 3rd Street, San Bernardino. Along with filing all petitions and required supporting documents, you must also pay a filing fee.
Once you have filed your petition, a hearing will be scheduled. For misdemeanor DUI cases where you are not on probation, the judge reviews your petition without you present, so you do not have to be there for the hearing. However, if you have a felony DUI or are on probation for a misdemeanor conviction, you do need to appear.
At this hearing, a judge can make a decision about whether your petition is granted. If it is not granted, no change is made to your criminal record. If it is granted, your conviction is set aside, a not guilty plea is entered, and the case is dismissed.
Why You Should Hire an Expungement Lawyer From Kolacia Law Firm
At Kolacia Law Firm, we have seen firsthand how a criminal charge can impact individuals’ lives. Our team is dedicated to helping you move forward after a DUI conviction by helping you explore your options for post-conviction relief and guiding you through the process of having a criminal conviction dismissed.
With more than 20 years of legal experience, we have earned a reputation among California courts, judges, and prosecutors for our commitment to our clients’ rights and our willingness to work hard to protect our clients’ futures.
FAQs
When Can I Get a DUI Expunged Off My Record in California
While no amount of time can result in your DUI being completely removed from your record, there are waiting periods that must be met before you can have your criminal charges dismissed after a conviction. If you have a DUI conviction and have not been given probation or have a felony, you must wait one year to file for dismissal. The waiting periods can become longer for felony charges with specific DUI penalties, like a state prison sentence.
What Is the New Law in California for Expungement?
The new California expungement law is Senate Bill 731, which expands eligibility for record relief. Under this law, certain low-level criminal offenses are automatically cleared after the sentence is complete and a waiting period is completed without any additional criminal charges. When it comes to DUI penalties and convictions, this law extends the eligibility for dismissal to those who have felony DUI convictions and have served state prison sentences.
Does an Expunged DUI Show Up on a Background Check in California?
Yes, even if you have a DUI conviction expunged in California, it can still show up on a background check. However, it would appear as dismissed, rather than as a guilty verdict, which removes many of the negative consequences associated with a criminal record. This is because in California, expungement is a process to dismiss previous convictions, rather than seal your record entirely.
How Long Does It Take for Your Record to Clear After Expungement in California?
In California, it can take several months for your record to change after filing for expungement. Typically, it takes a couple of weeks to a couple of months after filing for a hearing to be scheduled. However, even after the hearing, it could potentially take weeks or months for the change to be reflected in your criminal record.
Work With an Attorney Who Understands the DUI Laws and Expungement Process
Expungement can be one of the most freeing things you can do for yourself and your future. Contact Kolacia Law Firm today to set up a consultation with our team.
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