DUI Expungement in California: What Are the Benefits?

Tue, Nov 18, 2008

Legal Articles

by Maria Palma

Being arrested and charged with drunk driving means that you’ll now have a “ding” on your criminal record, otherwise known as “rap sheet”. However, there is a chance that you have your DUI charge expunged. Expungement means different things in different states, but generally speaking it is a formal process of clearing or getting rid of a drunk driving charge from your criminal record. However, because the DUI laws are different in each state, it’s highly recommended to hire a drunk driving defense lawyer to figure out the best way to approach your case.

In the state of California you can get the DUI charge expunged after completion of probation. However, keep in mind that a DUI charge or conviction in California will not necessarily be removed permanently from your criminal record. Furthermore, if you have a second DUI charge within ten years, the first DUI incident could still be used as prior conviction. For example, if DUI #1 is expunged but later the person is charged with another DUI (#2), it will still be considered a second offense.

So what then are the benefits of a California DUI expungement if it can’t be totally removed from your record?

  • Your current DUI case will be dismissed by the court
  • You do not have disclose the DUI charge when you apply for a position with a private employer. However, if applying for any government or state-related position, it must be disclosed.

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