Can I get a DUI record expunged?

Getting your DUI record expunged

Question:   Can I get a DUI record expunged?  The DUI was in Van Nuys, CA a last year.  I was convicted of the VC 23152 on the (b) count for .08 or more blood alcohol level.  I didn’t think it would be a problem as I didn’t think I would be looking for a job for a long time, but now I am getting ready to move and may want to find a new job closer to where I look.  I was told that some employers look down on any convictions and if I can get the DUI expunged  it would be a good idea.  I am just not sure if it is something that I can do now or later.

Please let me know if I can do this now, and if so, how long it would take to do it.  Thanks for your time, it is really appreciated.

Answer:  Hello.  First, I will note that in California, you can not get a conviction expunged, but you can get it dismissed pusuant to PC 1203.4.  Many people, including attorneys and judges, still refer to it as it is commonly referred to, an expungmenet.

You can not get a 1203.4 expungement for a DUI or anything else if you are on probation or have other pending charges. It may be possible at some point to get your current probation terminated early, but that will depend on the situation and circumstances around that probation.

If you have been on probation for less than half of your total probation time sentenced too, it may be tough to get probation terminated early, but not completely out of the question.  Once probation is terminated then you can move forward with getting your conviction withdrawn and dismissed.

Whether a DUI gets expunged is at the discretion of the Judge. I handle expungements for DUI and other convictions. Call me at 818-336-1384 if you would like me to handle the DUI expungement for you.

Phil Hache
DUI & Criminal Defense Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, San Fernando, Burbank, Glendale, Pasadena, Metro, Bellflower, Alhambra, Malibu, Compton, Inglewood and other Courts.
Office in Sherman Oaks