San Diego DUI Expungement

Mistakes happen. They are a fact of life and the lessons learned from those mistakes shape us into the people we become. Some of those mistakes have caused us to have a criminal record that, if not properly handled, can come back to haunt us in many areas of our life (for example, an employment background check). There is a legal process called an “expungement” that is available to you to help clear your dui conviction and pave the way to a fresh new beginning.

What is expungement?

DUI expungement is the legal process whereby an experienced attorney in your state can petition the court to have your dui conviction cleared. A DUI expungement is a privilege granted to you after you have successfully completed all the requirements from your sentencing court regarding your dui conviction and your attorney properly fills out your paperwork and files a motion with the court.

Why expunge a dui conviction?

Expungement of your dui conviction is the best way to close a chapter on a past mistake. Expungement allows a person to move on with their life, without the baggage of a prior conviction, or having to disclose a criminal record. Expungement can provides you with a clean slate, peace of mind and freedom.

Why expunge a dui conviction?

How long does the average dui expungement take?

Once all of the proper procedures are followed and petitions are filed by an experienced attorney, it can take approximately three to four months for the different agencies to report back in with the attorney of record.

Why expunge a dui conviction?

What are the eligibility requirements to expunge a conviction?

In California, many factors are taken in to consideration before you will know for certain if you are eligible. An experienced expungement attorney should be able to answer many of your questions and give you general information regarding the process. Before you contact them, however, you may want to have the following information available:

What where you convicted of?

How long ago was the conviction?

In what court (the County/State) was the conviction? (Case Number)

What where the conditions of your sentence?

Have you comply/completed each and every one of those conditions? Timely?

Where you found to be in violation of any of the conditions?

Are you on probation now? Approximate date to be discharged?

Have you had any new offenses (for any crime) or contact with law enforcement agencies?

Do you have any pending criminal cases?

What expungement doesn’t do

If within ten years of your dui expungement you are convicted of another dui, you will be prosecuted under the terms and conditions of a “second-offense” dui, with all the penalties and enhanced punishment allowable by law, regardless of the fact that you had the first one expunged. Simply put, if you reoffend once your record has been expunged, you will be treated as if you never went though the process at all. The expongement does not protect you from enhancements of a future dui conviction.

Can my dui conviction be found or viewed by any agency after the expongement?

Although ever y effort will be made to thoroughly clean your record, there are two areas where your arrest record might be found. One would be in the Office of the District Attorney of the county in which your arrest was filed. It will remain in this office, under seal, as long as no same or similar charges are filed. The Department of Motor Vehicles would also still have your records, as the clearing of those records require a much longer and different process.

DUI Expungement and Employment

It is unfortunate when you have been convicted of a dui related offense as it can affect all areas of your life. The good news is that in some cases you may be able to return back to court and have the conviction “expunged”. Once you have completed this process successfully, the law allows you to say it never happened. You will be able to answer “NO” on any questions that ask if you have ever been convicted of a crime by a potential employer.



G. Cole Casey is THE top DUI Defense Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.

Call us twenty-four hours a day at 619.237.0384 or send us an email now to discuss an aggressive and legitimate defense strategy for your DUI case.




San Diego DUI Attorney G. Cole Casey     2550 Fifth Avenue, Suite 815     San Diego, CA 92103    Phone: 619.237.0384