Can I remove my DUI record in California?
If you have been convicted of a DUI in California and need legal assistance, call us today at (619) 746-8879
If you were convicted of a DUI in California you may be thinking about expunging your record, especially if you have already dealt with the consequences of having the DUI. However, not every state in the US allows a DUI to be expunged from the record and in some cases, you may not be eligible.
An expungement means that the DUI will be erased from the public record as if it never happened. It is offered by a judge after you file a petition to the court and if someone asks you if you have a criminal record you will be able to answer “no”. There are a few exceptions, however, those being:
- (1) the person is applying to become a peace officer or run for public office;
- (2) The person is applying to work for the California Lottery Commission; or
- (3) The person is applying for a state license.
Also, it is important to note that even if a criminal matter if expunged, the conviction still exists for immigration purposes. So, if an immigrant is applying for a legal benefit or entry into the U.S., s/he will still have to reveal the existence of the conviction. An expungement may favorably help an immigrant from a discretionary standpoint for the officer or judge reviewing the case, but it is necessary to still reveal the prior conviction to the US government.
DUI in California
In California, the DUI gets registered in the Department of Motor Vehicles, DMV, and there is no way to remove it from their records. The DMV is an administrative state agency and they keep their own records. However, an expungement under California Penal Code 1203.4 is possible and the offense will be erased from the criminal record.
However, even if you cannot erase a DUI from the Department of Motor Vehicles’ records, we encourage you to seek an expungement. The first reason is that the DUI will stay on your DMV record for 10 years which will increase your insurance premiums and an inability to obtain any driving job.
Secondly, since a DUI is a misdemeanor criminal conviction, employers, schools and landlords can legally ask about your criminal record and discriminate against you, unless you receive an expungement.
If you are a DACA recipient and have been convicted of a DUI, you will want to read our post about this subject since it may affect your immigration status, and if you have an AB 60 driver’s license and a DUI, this information interests you.
Are you looking to expunge your criminal record and dismiss the DUI you were convicted for? Then, contact the expungement lawyers in California at Kannan Law who will be more than happy to assist you with this important situation in your life.