Expungement is the process of reopening your conviction and changing a plea of guilty or nolo contendre, or guilty verdict, to not guilty and dismissing your charges. It does not destroy your records, but it will make them no longer accessible to the public. This means that your school, landlord, or employer will not be able to see the records with a criminal background check. Request a consultation and The Kolodzi Law Firm will determine if your DUI is eligible for expungement.
Conditions for expungement
Provided you meet the following conditions, your DUI should be available for expungement:
- You did not serve any state prison time
- You only served probation
- You successfully completed all the terms of your probation
- Your DUI did not result in injuries or death (generally charged as felonies)
Additionally, you must not have any pending criminal charges or be on parole. Typically DUI probation periods last 3 to 5 years so you must wait until your probation is over before requesting an expungement. Although it may be difficult for a DUI case, you can request early termination of your probation.
Request a consultation with The Kolodzi Law Firm about getting an early termination for your DUI probation.
Could I swear under oath that I have no DUI records?
After a judge has signed and granted your expungement petition, you can legally answer on an employment or lease application that you have not been convicted of a DUI. You will have to disclose your DUI record if you apply for a professional license, teaching credential or government position if they ask about misdemeanor convictions. Even if you get an expungement of your DUI record the government or a licensing body can deny you a license or refuse to renew it. You can learn more about the circumstances a DUI expungement can help you by talking to our lawyers.
What happens if I get another DUI?
In California the court and DMV can treat your next DUI as a second offense regardless if your first or other DUIs have been expunged, so long as the second offense was not committed in the last 10 years. An expungement may not protect you from the harsher penalties of a second DUI, jail time or a longer license suspension.
DUIs can present significant problems for your job and cause undue embarrassment. Contact our lawyers at The Kolodzi Law Firm to discuss how a DUI expungement can help you.