Can a DUI be removed from a driving record after Its been expunged from a criminal record?

Can a DUI be removed from a driving record (in CA),after Its been expunged from a criminal record?
Share |
Dennis Roberts, a P.C. | Dennis Roberts
Oakland, CA
First of all, it CANNOT be expunged from your criminal record so the answer would be NO. It is probably one of the very few, if not the only, criminal charge which cannot be expunged.

Answer Applies to: California
Replied: 8/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Greenwald, Mayfield & Vigil, LLP
No, you cannot remove a DUI from your driving record after an expungement. Your driving record is maintained by the DMV and the expungement is through the court so they are unrelated and a change to your DUI conviction will not change your DMV record. A DUI will stay on your driving record for 10 years.

Answer Applies to: California
Replied: 8/15/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Thomas F. Mueller
It cannot be expunged from a DMV record for 10 years when it is removed automatically

Answer Applies to: California
Replied: 8/15/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Wallin & Klarich: A Law Corporation
Unfortunately not.

Answer Applies to: California
Replied: 8/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Nelson & Lawless
No. Your expungement is the only thing you can do.

Answer Applies to: California
Replied: 8/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Peter F. Goldscheider
No. It is never actually removed. The expungement allows you to say you w eren't convicted on private job applications. That is really all that it accomplishes and all you can do.

Answer Applies to: California
Replied: 8/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Kennedy & Roe
There is no "expungement" in California law, as distinguished from the 1203.4 quasi-dismissal some attorneys call "expungement" to con people into hiring them. The 1203.4 eliminates the conviction's effect for some purposes, but not for DMV purposes nor DUI priorability, etc., and the conviction never disappears from the record.

Answer Applies to: California
Replied: 8/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jeff Yeh
No. All you can do is let time pass and eventually the points will trail off.

Answer Applies to: California
Replied: 8/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Joe Dane
Unfortunately, no. A dismissal under 1203.4 has no impact on the DMV records.

Answer Applies to: California
Replied: 8/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

More Questions on DUI


Talk to an Attorney

Input your zip code in the box below to find an attorney in your area today for a case review.

Ask Questions

Ask a local attorney a question for FREE.

Free Answers

FREE answer from a local attorney.

100% Anonymous

Your email is only used to send answers to you.

Ask a Local Attorney

Free Legal Questions & Answers