Is it possible to remove a DUI from your record?

Is it possible to remove a DUI conviction from your record?

by Phil Hache

Getting your DUI conviction dismissedPhil Hache

Question: Is it possible to remove a DUI conviction from your record?  I was I convicted of a DUI in San Fernando, CA about 5 years ago.  I think the DUI conviction is causing me to lose jobs that I am applying for with no luck.  They are not great jobs, but I think they may be pulling my record and seeing the DUI conviction and putting my resume in the “do not consider” pile.  Also, can the conviction automatically go away?  I think it will just go away at some point  if I don’t do anything about it.  Is that correct?  Or will it stay on my record for a long time.  Also, if the court conviction goes away, will the DUI conviction disappear from my DMV record?

Answer:  In response to your questions:

1.  It is possible to get a DUI conviction dismissed.  This is often described as an expungement, but in California, technically it is a PC 1203.4 dismissal.  In essence, if the petition to dismiss the conviction is granted, the conviction would be withdrawn and the conviction is dismissed.

a.  If you were convicted 5 years ago, you satisfied all the terms of your probation, and you are no longer on probation for this conviction or any other convictions, then you are eligible to get your DUI conviction dismissed.  Whether or not the petition is granted is discretionary by the Judge, so it is advisable to have an Attorney review your record and handle the petition for dismissal.

2.  Getting a DUI conviction dismissed can help with your job search.

3.  No, the conviction does not automatically go away if you don’t do anything about it.  As the law stands now, after 10 years the DUI conviction would no longer be “priorable” for enhancement purposes, but the conviction would still show up on your record absent other circumstances (ie. 1203.4 dismissal)

4.  No, even if there is a dismissal of the DUI conviction in court, that would not affect your DMV record.  Your DMV record will still show that there was a license suspension due to a DUI conviction.  Also, the DUI will still be considered priorable for future DUI and DUI related offense purposes.  As stated above, after 10 years from the arrest date as law stands now, the DUI (or wet reckless, etc) would no longer be priorable.

In short, there are certainly benefits to getting the 1203.4 dismissal particularly as it pertains to job seeking.  For more information on this process, check out:  Dismissal of Conviction 

I have successfully handled Dismissal of convictions for my clients and would be happy to help you with this.  Call me at 818-336-1384 to discuss further.

Sincerely,

Phil Hache, Attorney At Law

DUI and Criminal Defense Attorney