If you or anyone you know is trying to erase a DUI from public records, then this blog post on DUI Expungements is for you!
1. What is a DUI Expungement, And How Does It Help?
A DUI Expungement hides a prior DUI conviction from your public record. California Penal Code 1203.4 explains all legislation on the matter. Furthermore, an expungement means that previous DUI convictions will not show up on most background checks. As a result, a DUI expungement help with will help with:
Housing
If you are trying to apply for a lease or a mortgage, a DUI comes off as a red flag. In some cases, banks or landlords may decide not to approve your loan or rent to you. Having a DUI expunged from your public record makes finding desirable housing a lot easier.
Employment
Having a DUI on your record can hold you back in your career. For instance, employers may perform a background check on potential employees. Depending on your employer, a DUI conviction can stand in the way of getting hired or promoted. Similarly, a DUI conviction can imperil professional licenses, state licenses, and can result in getting fired. Also, failing to inform hiring managers of a DUI conviction when asked may lead to further consequences. These consequences may include a denied job application or the possibility of termination. However, with some exceptions, listed in PC 1203.4, you are not obligated to disclose an expunged conviction. Furthermore, if employers find out that you have had a DUI expunged, they cannot legally hold that fact against you.
2. Who Qualifies To Expunge A DUI From Their Record?
To qualify for a DUI expungement in Los Angeles, a defendant must be eligible. If a defendant qualifies for a DUI Expungement, the court must grant the relief. For instance, if a defendant has completed probation and is not facing new criminal charges, they are eligible. Whether the DUI you are trying to erase is a felony or a misdemeanor, or if the defendant has a prior history, it is irrelavant. However, a denied probation means that expungement is not available. If a defendant has not been granted probation for a DUI case, then the remedy is to seek a governor’s pardon.
3. How Do I Get A DUI Expunged?
If a DUI conviction is holding you back, you may try opting for expungement. Most of the time, no hearing is required. A defendant who qualifies must submit the appropriate papers. Additionally, the defendant must notify the prosecuting agency by serving copies on the prosecutor. After that, the prosecutor will investigate to determine whether the defendant has completed probation or picked up any new charges.
Additionally, if the defendant has the resources, the defendant should hire an attorney. An attorney can make requests such as dismissing charges and early terminations of probation. Moreover, an attorney can write, file, and deliver the petition, which advocates for the expunction on the defendant’s behalf. More common than not, people with DUI convictions qualify for eligibility.
4. Will An Expunged DUI Affect My Insurance?
An expunged DUI is sealed from your public record and erased from most databases. However, the expungement does not remove the incident from insurance company databases. Therefore, a DUI expungement will not affect car insurance rates. As a result, you remain subject to whatever price car insurance companies will quote you.
5. Can A Previous Expungement Help With A New DUI Charge?
Driving under the influence is considered a priorable offense in the State of California. Additionally, DUI convictions that are less than ten years old are prior offenses regardless of expungement. As a result, if a new DUI charge happened less than ten years from the early DUI charge, second-time DUI penalties will apply. Therefore, a previous expungement will not help with a new DUI charge if they are less than ten years apart.
6. Will An Expunged DUI Limit You In Any Way?
While an expunged DUI may help with housing and employment, there are some instances where a defendant must disclose a conviction. As stated earlier, a DUI conviction is erased from the public records but remains in specific databases. These databases include the DMV, local and federal law enforcement agencies, and auto insurance companies.
Additionally, a defendant must disclose a DUI expungement to apply for a government job or professional license. However, they may not be eligible to apply for these positions or permits if their conviction was a felony. For instance, law enforcement, court positions, and the military all require full disclosure of a DUI expungement. Similarly, to apply for a state bar or real estate license, a defendant must disclose any prior convictions on their record.
Lastly, a DUI expungement cannot help with a license suspension for a subsequent DUI charge. If a defendant charged with a second DUI in less than ten years from their first, the DMV may extend their driver’s license suspension. In some cases, the DMV may even have their driver license permanently revoked.
