For how long does a California DUI conviction remain on your record? In most cases, a driving under the influence conviction stays on your driving record for ten years, but it remains permanently on your criminal record, unless you are able to have the conviction expunged.
For a number of jobs and for most professional licenses in this state, you must disclose your full criminal record, so a conviction for driving under the influence can be quite detrimental to your career goals. In California — like most states — DUI is not simply a traffic violation.
In most cases, DUI convictions in California are misdemeanor convictions. If you have a felony conviction for DUI, that conviction will be more difficult to expunge than a misdemeanor. But if you satisfy the requirements, most DUI misdemeanors can be expunged — that is, effectively eliminated from your criminal record — with some help from an experienced Orange County DUI attorney. In the state of California, you may be able to have a driving under the influence conviction expunged if you:.
It takes an additional step to have a felony DUI conviction expunged. First, you must have the felony charge reduced to a misdemeanor. Your DUI attorney will be able to help you with that process as well, unless you served time in a California state prison for the DUI felony conviction. Convictions that result in prison sentences cannot be expunged in this state. The expungement of a DUI conviction allows you to tell employers that you have no driving under the influence convictions.
Employers in California may not use an expunged driving under the influence conviction as a reason to terminate or as a reason to refuse to hire you. But, if a DUI is expunged, it will look far better on your criminal record. The reason to get an expungement is to improve the criminal record and to improve your chances of private employment. If you were convicted of a felony DUI, then, an expungement will make you eligible to apply for a certificate of rehabilitation which will also become an application for a pardon. At the same time as expungement, for a felony, you can apply to reduce your felony DUI to a misdemeanor.
The law on this is clear, a reduction for misdemeanor is reduction for all purposes. This is a huge benefit for any who is convicted of a felony DUI. If you were represented by a DUI Lawyer for your original DUI case, that attorney will usually handle the expungement proceedings as well or you can our office for a free consultation about your case. The difference between an arrest and a conviction may matter to your future employers. Effective January 1 of , a new law in California allows persons arrested but not prosecuted to apply to the courts to seal an arrest.
Prior to this, only a complicated petition for factual innocence could be used to remove arrest from your record. Petition for factual innocence are based on California Penal Code section That process required either agreement from the police or a hearing in front of a judge.
The DUI Process
Under new law, an arrested person, whose case was not filed, can apply to seal the arrest under California Penal Code section This is a much simplified procedure that should result in automatic sealing of the arrest. Penal Code Section A person whose arrest is sealed is however best advised to answer that he was arrested but case was never filed and subsequently sealed under PC The points are counted pursuant to California VC b. These points will remain on your driving record for 5 years.
The Department of Motor Vehicles uses these points to assess how much of a risk you are to other drivers, and insurance companies use them to calculate your insurance rate. You successfully complete a pre-filing diversion program. Two years after successful completion of the diversion program, file a petition under Pen. You successfully complete a drug diversion program under Pen.
Request all records in the case to be sealed, including any record of your arrest or detention.
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Petition: Form CR You were convicted of a misdemeanor and are still on probation. Request early release from probation and file a petition to have the conviction dismissed. File a petition under Penal Code section If the sentence for the offense is punishable by imprisonment in the state prison or in a county jail, the offense is a wobbler.
Similarly, if the sentence for the offense is punishable by imprisonment pursuant to subdivision h of Section , or in a county jail, the offense is a wobbler. You were convicted of a felony wobbler and are still on probation. Request early release from probation and file a petition to have the conviction reduced to a misdemeanor and dismissed.
File a petition to have the conviction reduced and dismissed. You were convicted of a felony and sentenced to county jail under Pen. You were convicted of a felony and were sentenced to state prison or put under the authority of the Department of Corrections and Rehabilitation. File a petition for a certificate of rehabilitation and pardon. What is a dismissal? You are eligible to request a dismissal if you were given county jail time including jail time for a felony offense , probation, a fine, or a combination of those three types of punishment rather than being sentenced to state prison.
If you make a formal request to the court petition for a dismissal, the court will make a decision on your request and may withdraw your guilty or no contest nolo contendere plea or the guilty verdict if you went to trial , and enter a not guilty plea. Then the court will set aside and dismiss the conviction.
Your record will be changed to show a dismissal rather than a conviction. You are eligible for dismissal of a misdemeanor conviction, and the court will dismiss your conviction upon your request, if:. You are eligible for a dismissal and the court has the discretion choice to grant you that dismissal if:. You are eligible for a dismissal and the court has the discretion choice to grant you that dismissal if were convicted of a misdemeanor under Pen.
Auto insurance after a DUI
You are eligible for a dismissal and the court has the discretion choice to grant you that dismissal if you were sentenced to county jail on a felony and:. You are not currently charged with, on probation for, or serving a sentence for any other offense. In all of these cases where the court has discretion choice , it is up to the court to decide if your conviction should be dismissed, so make sure to give as much helpful information as possible to convince the court that granting you a dismissal is in the interests of justice.
Diversion and deferred entry of judgment Courts may offer diversion or deferred entry of judgment programs. If you successfully complete a prefiling diversion program, you may petition the court to seal the records of the arresting agency and related court files, two years after successful completion of the program. The Department of Justice shall maintain arrest records it has received and disclose them in specified instances. Penal Code section If you successfully complete a pretrial diversion program, the criminal charges shall be dismissed at the end of the period of diversion.
The arrest upon which the diversion was based shall be deemed to have never occurred, and you may indicate that you have never been arrested or diverted, except when applying to be a peace officer. The Department of Justice may disclose the arrest in response to any peace officer application. If you perform satisfactorily during the period of a deferred entry of judgment under Penal Code section , the criminal charge shall be dismissed. The arrest upon which the deferred entry of judgment was based shall be deemed to have never occurred, and you may indicate that you have never been arrested or diverted, except when applying to be a peace officer.
You may also petition the court to seal the records of the arresting agency and related court files. If you perform satisfactorily during the period of a preguilty plea drug court program, the arrest upon which the diversion was based shall be deemed to have never occurred, and you may indicate that you have never been arrested or diverted, except when applying to be a peace officer. If you successfully complete a deferred entry of judgment program under Penal Code section , the criminal charge will be dismissed. The provisions of Penal Code section Automatic destruction of marijuana-related arrest and conviction records.
Although personal use of marijuana up to These arrest and conviction records must automatically be destroyed and purged from the statewide criminal databases two years after the conviction. But, if you were in jail due to that conviction, your records will not be destroyed until two years after you are released.
Dismissal or Redesignation of eligible marijuana-related convictions If you have completed your sentence. Dismissal or Resentencing of eligible marijuana-related convictions If you are currently serving your sentence. If your conviction was dismissed under Proposition 64 after you completed your sentence, you may ask the court to seal your records.
How Long Will a DUI Stay on My Record? | Los Angeles DUI Lawyer
The deadline for filing these petitions is November 4, If the court determines that your conviction is eligible for reduction, the judge must reduce the conviction to a misdemeanor. See Sealing Juvenile Records for more information. Under Penal Code section The court may issue an order for dismissal as described in Penal Code section You must establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking.
If the court grants relief, the arrest and any adjudications or convictions are deemed not to have occurred, and all records are sealed and destroyed. If you are filing a petition for reducing a felony or a petition for early release from probation or for a dismissal, you will need to call the clerk of the superior court for the county where you were convicted and ask them for the following information:. Remember, you can only dismiss 1 conviction at a time. This means you must fill out a separate petition for each conviction that you want to dismiss, but you can file them all at the same time.
If you are currently on probation, you will need to deal with that conviction first; then you can proceed with the others. If you are filing a petition for reducing a felony or a petition for early release from probation or a dismissal, you will need to mail or deliver in person your filing materials to the clerk of the superior court for the county where you were convicted. Be sure to include any supportive materials such as letters of support, school diplomas or transcripts, and if applying for early release from probation, a letter to the judge explaining why you feel you should be released from probation early.
At the time you file your papers, the clerk will set a hearing date. You may be required to attend the hearing. Be on time and dress appropriate for court. If your petition is granted, make sure to put the order in a safe place for your records.