How can I expunge a felony DUI?

UPDATED: Mar 15, 2013

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How can I expunge a felony DUI?

Asked on March 15, 2013 under Criminal Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A DUI conviction stays on your record for life unless have the conviction expunged. As you seem to be aware, you should expunge a DUI conviction from your criminal record.

As long as you are not facing any current charges or on probation for another offense and your sentence did not involve state prison (as opposed to county jail), you can have your conviction expunged after you complete your DUI probation. If you were not given probation, your record can be expunged 1 year after conviction.

Once your conviction is expumged you can legally say that you have not been convicted of a crime (otherwise, your criminal record wil remain for life).

All that having been said, it is important to note that:

  • Expungement does not affect your DMV record.
  • Certain sex offenses and high speed pursuit convictions cannot be expunged.

At this point, you should consult directly with a DUI attorney.

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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