DUI expungement from DMV record
Question: Hello. I was convicted of a DUI in Van Nuys, CA a couple years ago. I had a lot of penalties including probation which will be over in a little over a year. Other than this DUI, I do not have any other convictions or arrests on my record.
My question is, can I expunge my DUI early before I am done with probation? Or do I have to wait 10 years to do that? Also, will that also clear my DMV record? Is it possible to get a DUI expungement from DMV record ?
I make a living as a driver, so I would like to get this taken care of as it is affecting my employment prospects.
Finally, can I reopen the case to start it over and maybe go to trial this time?
Let me know if you can help. Thanks.
Answer: Hi. First, click here for some more information about: DUI expungement . You can become eligible to get your DUI dismissed from your record once you have completed your probation. Note that you cannot have any other open or pending cases at that time, which it does not sound like you do.
It is even possible to get probation terminated early in order to do get the conviction withdrawn and dismissed. There are other benefits to being off of probation such as avoiding the any potential probation violation issues. Also, being off of probation alone can help with potential job prospects.
But even if you get the conviction dismissed, it will not remove the points from your DMV record. That being said, getting the conviction dismissed pursuant to 1203.4 (often referred to as an expungment) does have its benefits and it is a good idea to do it sooner as opposed to later when you can.
The 10 year number that you were referring to is how long the DUI is priorable for in the event you were to get another DUI. Keep in mind that even if the conviction is dismissed pursuant to 1203.4, it still remains priorable in the event you get arrested for another DUI within 10 years of the first arrest. In essence, the penalties for the 2nd DUI Penalties would increase as compared to the 1st DUI.
Also, I will add that it certain situations, it is possible to re-open a case by withdrawing the plea and going from there that is different than getting the conviction dismissed by the 1203.4 avenue, b ut there is a statute of limitations that applies to doing so. Although there may be some exceptions, it is probably unlikely that it would apply to your DUI case that is already over two years old.
Call me at 818-336-1384 to discuss all your questions in more detail. I offer free initial consultations.
DUI and Criminal Defense Attorney
DUI dismissals (ie. DUI expungments) and Criminal Dismissals (ie. expungements)