Is it possible to get a 2nd DUI offense expunged in California?

It is possible to get both the wet reckless and the 2nd DUI expunged. You will need to file two motions (PC 1203.4); one for each county that you received the conviction in. Additionally your probation period must be over prior to filing the motion. If you are still currently on probation you can request an early termination of probation. Understand that this does not seal your record and does not have any effect on the DMV records that will be in existence for 10 years. I would recommend hiring an attorney to assist you with this process.

The statute is not limited to first time offenders. So long as you have completed probation, paid all restitution and fines, and are not currently being charged with a crime, you should be able to expunge both misdemeanors, including the 2nd DUI offense. There is a non-profit legal document preparation service that could probably get it all done for you at minimal cost. It's website is www.papillonfoundation.org.

There are three types of expungement in California: The first, governed by Penal Code 1203.4, will expunge cases in which probation was part of the sentence. The second, under Penal Code 1203.4(a), will expunge cases in which there was no probation. The third, under Penal Code 17, will reduce a felony conviction to a misdemeanor. This misdemeanor can then be dismissed. As a basic rule, you're entitled to expunge your criminal records in California if you were convicted of a misdemeanor or felony offense, and you: 1. Successfully completed probation, and 2. Are not currently charged with a criminal offense, on probation for a criminal offense or serving a sentence for a criminal offense. You must have successfully completed your probation in its entirety (or obtained an early termination of probation, discussed below). If you got sent to California state prison--either at the time of judgment, or because of a probation violation--you do not qualify for an expungement. "Successfully completing your probation" means that you: 1. Completed all the terms of your probation (that is, paid all fines and restitution, completed any counseling programs, community service, etc.); 2. Attended all required court appearances (either personally or through your attorney); and 3. Did not commit any new crimes while on probation. Who is NOT eligible to get a California expungement? You cannot expunge a conviction if you were sent to state prison. Beyond that, there are also certain criminal offenses in California that cannot be expunged. These include serious sex offenses committed against children, such as: Penal Code 286(c): California's law against sodomy with a child, Penal Code 288: California's lewd acts with a child law; Penal Code 288a (c): California's law against oral copulation with a child; and Penal Code 261.5(d): California's statutory rape law which prohibits sexual intercourse between persons who are 21 years and older with persons younger than 16. What if I violated (or didn't satisfy) my probation? If you completed your probation without a violation, you are entitled to expunge your California criminal record. But if you failed successfully to complete your probation…and you received a probation violation…all hope is not lost. The court will hold a special hearing to determine whether you are nonetheless a good candidate for expungement. In the wake of a probation violation, the court has wide discretion as to whether to grant or deny the petition for expungement. Factors that the judge may consider include (but are not limited to): 1. Your overall performance while on probation, 2. The seriousness of the underlying conviction, 3. Your criminal history, and 4. Any additional evidence you can provide to demonstrate why you are deserving of this relief, such as Your opportunity to obtain a good job, The fact that you support your family, The fact that you have strong community ties, etc.