| Expungement of DUI Cases | | | | and Licensing Agencies such as the Department |
| If you have already been convicted of a DUI, you | | | | of Real Estate, Board of Nursing, etc., will treat |
| may become eligible for an expungement of your | | | | you the same as if you have never been |
| DUI conviction under California Penal Code Section | | | | convicted of a crime if your record has been |
| 1203.4. An expungement results in a dismissal of | | | | expunged. |
| your case. If you are granted an expungement, | | | | What An Expungement CANNOT Do For You |
| the court will set aside and dismiss the conviction. | | | | An expunged record can still be reviewed by a |
| Specifically, the court will withdraw your guilty or | | | | judge for the purposes of increasing your |
| no contest plea, or guilty verdict if you went to | | | | sentence if you are ever convicted of another |
| trial, and grant a not guilty plea. | | | | crime in the future. Also, an expungement does |
| Why should you apply for an expungement of | | | | not wipe out your criminal record. Your criminal |
| your DUI? | | | | court file will not be physically destroyed, and is |
| There are several personal and professional | | | | therefore searchable and is often discovered by |
| reasons why someone would want to apply for | | | | private investigators and others who perform |
| an expungement. An expungement is not | | | | background checks. If your criminal court file is |
| automatically granted, and will not be granted in | | | | discovered, it will show that your conviction was |
| the event that you have broken any law since | | | | set aside by the court. Accordingly, the Judicial |
| you received your DUI conviction, so the fact | | | | Counsel of California advises that if you are asked |
| that your conviction is set aside proves to you | | | | by a private employer if you were convicted of a |
| and others that you have learned from your | | | | crime, you should answer "Yes, and the conviction |
| experience and have lived a law-abiding life since | | | | was dismissed." In the case of public employers |
| your conviction. | | | | and licensing agencies, you are required to answer |
| On a professional level, you can truthfully tell | | | | that you have been convicted of a crime and |
| private employers that you have not been | | | | that your conviction has been dismissed. |
| convicted of a crime. What's more, California | | | | Additionally, an expungement will not automatically |
| Labor Code ยง432.7 prevents employers from | | | | grant you the ability to possess a firearm, nor will |
| asking about any arrest that didn't result in a | | | | it restore any driving privileges that were revoked |
| conviction, inquiring about it from other sources or | | | | by the DMV due to the conviction. |
| use it in a hiring decision. Note that if you ever | | | | When Can You Apply For An Expungement? |
| apply for a job with a public entity, or for a | | | | If you have been convicted of a misdemeanor |
| professional license, when asked if you were ever | | | | DUI in a California state court (a 1st, 2nd or 3rd |
| convicted of a crime, you will have to report | | | | DUI with no accidents or injuries involved), and |
| "Yes, and my conviction was dismissed." Again, | | | | were not sentenced to prison, you are eligible to |
| the fact that your conviction was set aside will | | | | apply for an expungement at the end of your |
| definitely reflect more favorably on your | | | | probation term. If your probation term has not |
| character and indicates that you have fulfilled the | | | | ended but you have fulfilled all other terms of |
| requirements necessary to have your conviction | | | | your probation (such as CalTrans, community |
| set aside. | | | | service, payment of fines) your lawyer may |
| Additionally, most Licensing and Certification | | | | apply for early termination probation. Once early |
| agencies in California will not grant a license to | | | | termination of probation is granted, you will be |
| someone who has been convicted of a crime. | | | | eligible to also apply for an expungement. |
| The same is true for Governmental jobs. | | | | If you have been convicted of a Felony DUI in |
| However, if your conviction has been expunged, | | | | California, you would first need to petition the |
| most Governmental licensing and hiring agencies | | | | court to reduce the felony to a misdemeanor. So |
| (except police agencies) are required to treat you | | | | long as you were not sentenced to prison, and |
| the same as if you were never convicted of the | | | | your Felony is reduced to a misdemeanor, you will |
| crime. | | | | be eligible to apply for an expungement. |
| What An Expungement Can Do For You | | | | If you served time in State Prison or otherwise |
| An expungement will reflect that your conviction | | | | were under the care of the Department of |
| has been set aside. An expunged record cannot | | | | Corrections, you will not be eligible for an |
| be used by private employers as a basis to deny | | | | expungement, but may be eligible for a Certificate |
| you employment. Also, in the State of California, | | | | of Rehabilitation from the California Board of |
| Government Employers (except for the police) | | | | Prisons. |