What recourse do I have against DMV holding my CDL over a 15 year-old vacated DUI case?
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What recourse do I have against DMV holding my CDL over a 15 year-old vacated DUI case?
I had my license in 2004 which was suspended because of tickets since. I’ve paid the tickets but now DMV won’t give me my CDL because of a DUI in 1992 that was vacated in1994. What action do I take now? There is no record of at clerks office.
Asked on October 13, 2010 under Criminal Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Ok so where did you find out that the DUI was vacated? What do you mean that there is "no record of it at clerk's office"? There has to be some disposition - that is what "vacated" is. Is it the arrest that is causing the problem? Maybe what you need to do is to have the arrest information "expunged" or erased from your record. If the DUI was vacated that means set aside basically and you were not charged or sentenced, correct? Then as long as you qualify for expungement I would try it here. That would require DMV to erase it from your driver's license as well and then you can get your CDL. Good luck.
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