Can a DUI be expunged in California?
The short answer is yes. Yes, it can.
But remember, there are certain processes that need to take place before you can get the expungement process started.
So let’s talk about them.
One of the common misconceptions is that you can get a DUI expunged after the conviction while you’re still on probation.
That is not correct. For an expungement to take place, you need to make sure that you’re off probation, because one of the requirements for an expungement is to make sure that the person is off probation.
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Oftentimes people will call me and say, “yeah, you know, I really want to get this DUI expunged,” but then I find out that they’re still on probation.
So in order for you to get an expungement done, the first step in the procedure is to try to get you off probation early.
If that motion is granted, then step two is to try to go and try to get it expunged. Now, one of the most common misconceptions about an expungement and a DUI is that sometimes people think the expungement means a DUI never happened.
And that’s not true.
So let me give you an example.
Let’s say that you’re facing multiple DUIs and let’s say that one of your prior DUIs got expunged. Well, you might think to yourself, I got it expunged. That means the prosecution can’t use that prior against me.
That’s not true. Even if you get a prior expunged, it doesn’t mean that the government can’t use it if you end up getting another DUI in the future.
So if you have any questions about the expungement process and about a DUI, please make sure to pick up the phone and call and we’d be happy to provide you with a free legal consultation.