Will a DUI still be on my record after five years?
I got a DUI over five years ago and I want it expunged from my record. I read that you have to wait 10 years, but I don't know which state. I haven't been charged or convicted with anything else since that day. I want to fight this.
Dennis Roberts, a P.C.
| Dennis Roberts
Oakland, CA
Oakland, CA
DUI (VC 23152) can NOT be expunged. Look at Penal Code 1203.4. YOu can find it on google: California Penal Code. The 10 year rule is that if you get another DUI within 10 years of the first, it counts as a second DUI. But after the 10 years your new DUI would be a first.
Answer Applies to: California
Replied: 8/26/2011
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Answer Applies to: California
Replied: 8/26/2011
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: LynchLaw
A DUI will result in both a criminal and administrative law action against you. You can have the criminal conviction expunged after the period for probation has run, in most cases three years. However, the administrative record will remain for ten years. If your probation has been completed and you have complied with all of the terms of probation then expungement of the criminal record is your right. Just don't get another DUI in the next five years or you will be facing a new criminal DUI charge with a prior.
Answer Applies to: California
Replied: 8/29/2011
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Answer Applies to: California
Replied: 8/29/2011
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Answered By: Law Office of Joe Dane
A DUI can be used as a prior for 10 years now. Even an "expungement" (a dismissal under Penal Code section 1203.4) won't take it off your record - it just adds a notation that it was dismissed, but it can still be used as a prior, even after that dismissal. Yes, you can seek an "expungement" now that you're off probation. It will allow you to tell most private employers that you have not been convicted of a crime - but if your job requires a DMV printout, it will still remain there and a PC 1203.4 dismissal will not affect your DMV record.
Answer Applies to: California
Replied: 8/29/2011
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Answer Applies to: California
Replied: 8/29/2011
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 Eric Sterkenburg
You can get a misdemeanor DUI expunged. However, that expungement does not keep the DUI conviction from being used as a prior for a second DUI within ten years of the DUI you had expunged.
Answer Applies to: California
Replied: 8/29/2011
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Answer Applies to: California
Replied: 8/29/2011
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
A DUI will remain on your driving record for 10 years, after you get it expunged it will show the criminal conviction as being dismissed after conviction. The DUI is priorable for 10 years, meaning another one in 10 years will be mandatory jail time even after an expungement. The expungement will make the criminal record look better but keep in mind the arrest or citation is still on your criminal record.
Answer Applies to: California
Replied: 8/28/2011
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Answer Applies to: California
Replied: 8/28/2011
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 Offices of Phil Hache
You do not have to wait 10 years to get a DUI expunged. As long as you have completed all the terms of your probation, you are not currently on probation, and you do not have any pending charges, it is possible to have an expungement granted. There is more details about expungements on 1duilawyer.com under the expungement tab. The 10 years in regards to DUI's means that if you get another DUI within 10 years of any previous DUI or wet reckless convictions, then the new one will be treated as a 2nd DUI (assuming you only had 1 previous conviction within 10 years). Note that even if your DUI is expunged, and you get a second DUI within 10 years of the previous DUI, it will still be treated as a 2nd DUI.
Answer Applies to: California
Replied: 8/27/2011
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Answer Applies to: California
Replied: 8/27/2011
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
A DUI prior is available to enhance your sentence if and when you are charged with a subsequent DUI for 10 years. That is the law.
Answer Applies to: California
Replied: 8/27/2011
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.
Answer Applies to: California
Replied: 8/27/2011
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 Offices of James A Bates
In California, it stays on your record for at least ten years because if you get another one during that time the consequences are far worse.
Answer Applies to: California
Replied: 8/27/2011
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.
Answer Applies to: California
Replied: 8/27/2011
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
What you read is bogus. You are eligible for expungement as soon as you successfully complete probation (usually 3 years for a DUI). Contact an attorney to file the petition for you and do it right.
Answer Applies to: California
Replied: 8/26/2011
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.
Answer Applies to: California
Replied: 8/26/2011
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: The Law Office of Harry E. Hudson, Jr.
The 10 period is for priors. If you had a DUI in 2006, you can be charged with a prior until 2016. An expungement is a request of the court to let you withdraw your plea and have the case dismissed. That does not remove it from your record. The arrest and conviction will always be there.
Answer Applies to: California
Replied: 8/26/2011
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.
Answer Applies to: California
Replied: 8/26/2011
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 Martina Vigil
A DUI will stay on your driving record for ten years and will remain on your criminal record for your lifetime. However, the remedy of a 1203.4 motion - or an expungement- allows you to withdraw your plea of guilty and enter a plea of not guilty. The Court will then dismiss your case so that you can lawfully say you have never been convicted of a crime. This is a remedy that is unique to California law and a minority of other states. As long as you have successfully completed the terms of your probation and have not picked up any other criminal charges since then you should be eligible for an expungement.
Answer Applies to: California
Replied: 8/26/2011
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.
Answer Applies to: California
Replied: 8/26/2011
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 Tracey S. Sang
What you've heard is that a DUI stays on the books for ten years, meaning that if you get another DUI in a ten-year period it will count as a DUI Second. If more than ten years have gone by then the clock starts over and then, if you get another, it's a DUI First again. If you have successfully completed your probationary period (it sounds like you have) then you may request an expungement from the court and it should be granted no problem.
Answer Applies to: California
Replied: 8/26/2011
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.
Answer Applies to: California
Replied: 8/26/2011
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.
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