Do I need to get a prior 20 year old DUI expunged before I appear in court for a recent DUI charge?

UPDATED: Jan 6, 2012

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Do I need to get a prior 20 year old DUI expunged before I appear in court for a recent DUI charge?

I don’t want the prior DUI conviction of 20 years ago to effect the ruling on a recent DUI charge. I heard that prior DUI convictions stay permanently on your criminal record unless the conviction is expunged.

Asked on January 6, 2012 under Criminal Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are correct as to your statement that once you have been convicted the conviction remains upon one's permanent record unless expunged. In your circumstances, you should consult with a criminal defense attorney in that a 20 year driving under the influence conviction may not count as a prior conviction for enhancement charging with respect to your current situation due to its age.

If it does, then you should consult with this criminal defense attorney as to the costs for a motion to expunge the prior conviction and the costs for such coupled with the likelihood of success for such a motion.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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