Tips for “Expunging” a San Diego DUI
Expungement is the legal term for clearing your record or arrests and convictions. Moreover, it is a post-conviction process. The conviction will still count as a DUI prior and for DMV purposes. However, it will not be allowed to be used against you in a work-related manner.
Firstly, you should determine if you are eligible for an expungement. Specific criteria and requirements must be met before you can apply for an expungement of your DUI. It is important to note that not all DUI convictions are eligible for expungement.
Qualifying for a DUI Expungement
- Completed all conditions of your sentencing (including probation)
- Successfully concluded the term of your probation
- No state prison time served
- No other criminal offenses committed
If you are still on a 5-year probation, it may be possible to file for an early termination of probation after 3 years. Therefore, in the event that your probation is terminated early, you will then be able to file for an expungement.
This process is much more efficient if you obtain a DUI attorney, beforehand, who can guide and assist you throughout the process. For instance, if you’re interested in a San Diego County Court DUI expungement, Rick Mueller, a top ranked DUI attorney, only needs to confirm the conviction code section and the conviction date of your DUI case.
What you will need beforehand:
- Case number
- Minute order (from the courthouse that found you guilty)
- Date of Birth
- Conviction date (date placed on probation)
- Length of probation term (e.g. 5 years)
- California Vehicle Code charge number [e.g. VC 23152(b) or (a), 23103(a) per 23103.5, etc.]
- Social Security Number
- CA DMV Driver’s license Number
- Phone Number
- Reason(s) you need the charge dismissed/expunged
Moreover, if you do not have some of the above information, a free motor vehicle can be issued to you if you have your name, date of birth, and California license number.
Steps in the Expungement Process
- File petition for dismissal
- Complete an attachment – attach to your petition a statement that demonstrates that you have not committed any other criminal offenses and that you are an upstanding citizen in your community. Explain how the expungement will benefit you in your career and family life
- Timely serve documents – all documents regarding the expungement to the prosecution
- Receive an order of dismissal (if granted)
How Long Does a DUI Expungement Take?
While the process of a DUI expungement varies greatly by county, the average time it takes in California is a few months or more from the time they file the papers with the courts.
Thus, the sooner you start the DUI expungement process, the better.
A DUI After an Expunged DUI
It is important to note that, DUI penalties increase with each conviction accumulated in a 10-year window. Even if you get a DUI expunged, that pervious conviction is still relevant just as if it had not been expunged if you get another DUI within 10 years of the first DUI offense date.
In short, these are just a few important steps and tips to expunging a San Diego DUI conviction.