Attorney Peter Liss Can Help Protect Your Future Following a DUI Conviction
When you are convicted of driving under the influence, the offense will stay on your criminal record forever —unless you get the crime expunged. An expungement can clear your record, helping you move forward with your life.
Ready to move past your mistake? Talk to attorney Peter M. Liss about expungement. He will assess your case, review your goals, and, if you are eligible, he can begin the process to help you clear your name.
Call (760) 643-4050 today to schedule a free consultation to take your first step towards a brighter future.
What Is a DUI Expungement?
Under California Penal Code section 1203.4 (PC)1, individuals who have been convicted of a DUI and have fully served their sentence may petition the court to withdraw the guilty plea or verdict and have the case dismissed. The offense will then no longer appear on most future background checks.
The conviction will remain on the driver’s DMV record for 10 years from the date of the arrest and will still count as a prior offense if you are charged with another DUI during this period.
For a deeper explanation of expungements, see our generalized expungement page.
Can a DUI Be Expunged in California?
Yes, however, they are not automatic. “All DUI expungements are performed at the discretion of the court, so an individual must show good cause, meaning proof they have been rehabilitated,” explains attorney Liss. “A lawyer can help you obtain the necessary documents and letters showing you are rehabilitated.”
Because expungement laws are nuanced and change frequently, you should consult a DUI attorney for guidance rather than attempting to obtain one on your own.
Requirements to Expunge a DUI
Even if your charges are eligible to be expunged, you must do the following to qualify:
- Finish serving your entire criminal sentence, including completing your probation.
- Pay all fines and fees associated with your offense.
- Avoid getting arrested and charged with any new crimes.
- Complete probation for any other convictions.
In rare cases, you may end probation early if your lawyer demonstrates a compelling reason.
What a DUI Expungement Does (and Does NOT) Do
Many people have misconceptions about expungements, so it’s important to understand how they work before investing time in trying to get one. Here’s a short summary of how it will and won’t help you:
Expungements Will:
- Prevent an offense from appearing on most private background checks.
- Reduce the likelihood that employers and landlords will discriminate against you based on your criminal record.
- Enable you to mark no on job or housing applications asking if you have been convicted of a crime.
Expungements Won’t:
- Seal your record, meaning government agencies, including police departments and courts, can still access the offense.
- Enable you to avoid disclosing a conviction when applying for a professional license, teaching credential, or government position.
- Affect your driving record (the offense will stay on your record for 10 years).
- Allow you to stop carrying SR-22 insurance before the DUI drops off your DMV record.
- Prevent the DUI from counting as a prior if you are charged with a future offense. If your DUI led to a death, you might face second-degree murder charges, no matter how much time has passed since the last offense.
- Restore your lost firearm rights if you were convicted of a felony.
Note that California law technically prohibits employers from discriminating against applicants based on their criminal record unless the offense directly relates to the position. Landlords also cannot factor in criminal history when choosing a tenant. As Liss explains, “Unfortunately, many employers and landlords disregard California law and refuse to trust individuals with convictions. An expungement prevents them from uncovering this information.”
The DUI Expungement Process
While expungement requirements may be complex, the process itself is fairly straightforward:
Filing the Petition
Your expungement attorney files a petition with the court (this can be done at any San Diego Superior Court location).
Judicial Review
The judge reviews the petition and determines if you are eligible.
Changing the Plea or Verdict
If the expungement is granted, the judge asks the petitioner to change their guilty plea to “not guilty,” or sets aside the verdict if the petitioner was found guilty at trial.
Dismissal
The judge dismisses the case.
Should You Hire a Lawyer for DUI Expungement?
Yes. While it is technically possible to file for expungement on your own, an attorney can streamline the process and improve your chances of success. The laws and petitions for expungement are complex.
Beyond that, an attorney can help argue your case if the judge brings up any objections.
If you are seeking early termination, always work with a defense attorney.
Talk to a Vista DUI Expungement Lawyer
Ready to take the next step? Call attorney Peter M. Liss to start the expungement process. You can schedule a free initial consultation by calling
Ready for a fresh start? Call attorney Peter M. Liss now to begin your expungement process. Schedule your free initial consultation today at (760) 643-4050 to reclaim your future.
Frequently Asked Questions About California DUI Expungements
Can You Get a DUI Expunged in California?
Yes, you can seek an expungement as soon as you complete your probation. However, an expungement does not remove the DUI from your DMV records, and you must continue to maintain SR-22 insurance.
How Long do You Have to Wait Before You Can Expunge Your DUI?
Generally speaking, you can start the DUI expungement process immediately after you complete your probation. In some cases, where there is a compelling reason, a judge may even grant early expungement.
Will an Expunged DUI Still Count as a Prior Offense?
Yes. DUIs will still count as prior offenses for ten years after the arrest date. If someone dies in a DUI accident and you have ever been convicted of driving under the influence, you can face second-degree murder charges.
Do California’s Clean Slate Laws Expunge DUIs?
No. While these laws allow many criminal records to be automatically sealed or dismissed, they do not usually apply to DUIs. You will typically need to file a formal petition for expungement under 1203.4 (PC).
Can a Felony DUI Conviction be Expunged in California?
Yes, but this is solely at the discretion of the judge and it may be more difficult to show you have been rehabilitated if you have any prior convictions.
Does Expungement Seal or Destroy Records?
No. Sealing or destroying records means an offense cannot be viewed even by police and courts. Expungement will not prevent police and government agencies from being able to view records related to a conviction.
Legal References
- Penal Code 1203.4 (PC) (California Legislative Information) ↩︎
