A San Diego California DUI expungement is an important legal procedure
(a) withdraw a DUI plea,
(b) obtain an Order setting aside the DUI conviction,
(c) enter a plea of Not Guilty, and
(d) obtain an Order of dismissal of the accusatory DUI pleading,
upon successful petition to the Court for review of a San Diego
California DUI or Drunk Driving - related conviction.
The Court will first review & determine:
• If the term of San Diego California Superior Court probation
was successfully completed & concluded;
• That all fines, restitution and reimbursement ordered by
the court have been paid and everything ordered by the court was
completed in a timely manner;
• That the petitioner is not now on probation for another
• That the petitioner has no new pending California cases;
The Court then may allow the petitioner to withdraw his or plea
or finding of guilt or no contest, and thereafter orders the case
How does this help me?
A legal withdrawal of plea, an entry of not guilty, and a court
dismissal of a San Diego California DUI is obviously very useful.
If the petition is granted, you are released from ALL penalties
and disabilities resulting from the conviction of DUI.
Expungement law (Penal Code Section 1203.4)
provides in part:
"[Petitioner shall]...be permitted by
the court to withdraw his or her plea of guilty or plea of nolo
contendere and enter a plea of not guilty; or, if he or she has
been convicted after a plea of not guilty, the court shall set aside
the verdict of guilty; and, in either case, the court shall thereupon
dismiss the accusations or information against the defendant and
except as noted below, he or she shall thereafter be released from
all penalties and disabilities resulting from the offense of which
he or she has been convicted, except..."
(1) The order does not relieve the defendant of the obligation to
disclose the aforementioned conviction in response to any direct
question contained in any questionnaire or application for public
offense, for licensure by an state or local agency, or for contracting
with the California State Lottery.
(2) The order does not permit the defendant to own, possess, or
have custody or control of any firearm capable of being concealed
upon the person, and it does not prevent conviction of the defendant
under California Penal Code section 12021.
What about applying for jobs?
If Private Employers ask if you have every
been convicted of a crime, you generally can respond with "NO".
(Each question is different so please first contact an attorney
before answering any specific question, in every case and for every
On questions by Government Employers or Government
Licensing Applications if you are asked if you have ever been convicted
of a crime, you must disclose the expunged case.
Can employers consider a California DUI conviction that has been
In most San Diego California DUI cases, the
answer is NO!
Once your California DUI cases is expunged
(dismissed), it is no longer considered a California DUI conviction
and California Labor Code 432.7(a) prohibits employers from asking
an applicant to disclose information concerning a California DUI
arrest or detention that did not result in California DUI conviction,
or information concerning a referral to, and participation in, any
pretrial or posttrial diversion program, nor shall any employer
seek from any source whatsoever, or utilize, as a factor in determining
any condition of employment including hiring. An employer who intentionally
violates this section can be liable for a misdemeanor, plus fines,
and attorney’s fees. This section does not apply to criminal
justice agencies, health facilities, and has a few other narrow
What doesn't a DUI Expungement do?
Your dismissed DUI conviction can still be
used to increase your punishment in future DUI cases. The offense
It can still be used to enhance penalties
& increase punishment should you get another DUI.
It can be used to try to put you in jail or
increase the length of a DMV suspension.
Does this erase all records and destroy
the Court file?
No. An expungement changes and updates the
disposition of the case to reflect a dismissal under 1203.4 of the
Penal Code. This means the Court file, the California Department
of Justice, and the FBI update their files to show the case has
been ordered dismissed by the Court.
What happens after my California DUI record is expunged by my
California DUI attorney?
You will receive a California court order
setting aside your California DUI conviction and dismissing your
California DUI case. California DUI / Criminal record databases
should be updated to reflect that your California DUI conviction
was set aside and your California DUI case was dismissed. Your California
DUI lawyer will get that for you.
Will I need to go to Court?
No. San Diego DUI lawyer Rick Mueller handles
all San Diego Superior Court work for you.
How Long Does A DUI Expungement Take?
Misdemeanors: Most expungements for misdemeanors
take approximately between 4 to 7 weeks to complete from the time
the application is filed. This does not include the time needed
to research all records and process the application. The more prepared
you are as to the San Diego California DUI information needed (Case
number, date of birth, conviction date, probation length, Vehicle
Code charge number, and San Diego county court location) the quicker
the application can be processed. If it is necessary to search the
court records for information, it may take additional time.
Why Expunge my record? Why spend the money?
There are a number of reasons to do so such
as employment or licensing. However, at least half our clients want
to expunge their record as final "closure" on an old mistake-
just for peace of mind.
Will the expunged San Diego California
DUI show-up when someone does a background check?
That usually depends on the kind of background
check that is done.
A “hard” search generally involves
you authorizing a government agency to release your records and
you providing fingerprints. This type of search will show that there
was a California DUI court case, a California DUI / charge of whatever
you were charged with, and a dismissal with no finding of guilt
and no San Diego California DUI conviction.
A “soft” search, which is often
done by most employers, utilizes a private sector company to search
for convictions. This type of search will in most cases show nothing
at all, in some cases it will show that there was a court case,
a California DUI / charge of whatever you were charged with, and
a dismissal with no finding of guilt and no San Diego California
Please note that even in the event of an expungement, both California
DMV and Prosecutors will have access to California DUI prior records
in order to enhance possible penalties against you should you get
another California DUI. Always consult a San Diego California DUI
Attorney in these matters.
DISCLAIMER: Please be aware this page
is NOT a comprehensive analysis of all expungement law, types of
answers to types of questions asked, or of all types of remedies
that may be available to you. This is NOT intended to be legal advice,
and a consultation with an Attorney is always first recommended
and before answering any question.