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I'm on my 6th year since I had my (first) DUI. Can I have it expunged?
Anonymous5 views7 answers
I got a DUI when I was 24, now I'm turning 30 soon. DUI is bad, I understand but I was young and made a mistake, luckily in my case no one was hurt and no accidents were involved. But I don't understand why everyone is treated the same when every case is different. Is there some way of getting it removed from my record? Will getting it expunged remove it from my driver license? How do I check if it's on my criminal/background records? There's two reasons I'm trying to do this, one: it allows for more job opportunities with clean driving record and background/criminal check. Two: Auto insurance is ridiculously high. The DUI put 2 points on my record and I want to at least get it down to 1 point so I am eligible for a "good driver" discount.
David Wesley HillerGeneral Practice LawyerPasadena, CA ·
You should be off probation now and can file the paperwork to have the case dismissed under penal code 1203.4. Then you won't have to disclose it to most employers.
Not that easy if an answer. You will not get it off the DMV record. You can expunge the case but it will still show up if people look deep enough and you may still have to disclose it for some jobs. The insurance can be worked on. Talk to Breathe Easy Insurance. They will help you. Good luck.
You can absolutely file a petition to dismiss the conviction. This shields it from potential employers, loan applications but not the DMV and not your insurance co. Still a good idea to do.
Dan Tudor DanetCriminal Defense AttorneyTustin, CA ·
If you're off of probation and have completed all terms, you may seek relief under California Penal Code section 1203.4. However, an expungement will not remove the DUI from your DMV driver record.
Michael Jon FremontDUI / DWI AttorneySan Diego, CA ·
Your insurance should be regular by now. You may want to check with a new company. Yoyt should be able to make a dismissal motion that will take the DUI conviction off your record for most jib applications. The DUI will not come off your permanent dmv record.
Please petition for a dismissal per PC 1203.4 - this merely reverses the fact of the conviction; it does not erase anything. The 1203.4 will not remove it from your DMV rap sheet and your auto insurance can still see that it happened with sound investigation. Nonetheless, sounds like you should have no problem securing a 1203.4 dismissal.
You can check your record by paying one of these people online. But, these are very gimmicky. By contrast, your lawyer can get your RAP sheet through the prosecution by way of a 1203.4. Then, you can see what your real Department of Justice record looks like.
