Monday, July 23, 2012

How Can I Erase A DUI In California?

Once a DUI is on your record it can stay there for many years, but how can it be removed?  Believe it or not, a DUI can be removed from your record, at least your criminal record.  California DUI law states that a conviction shall be deemed dismissed if the person takes the steps to have the case expunged under Penal Code 1203.4.  That statute authorizes a Court to remove a criminal case from a defendant's record as if it was dismissed in the first place. 

The steps to be taken are:  First, get the proper forms from the court clerk or have a lawyer prepare them for you; Second, serve a copy of the petition on the prosecutor that charged you in the first place (note, this step is important because the judge will not consider a request to expunge without the D.A. or other agency being notified of the request); Third, set the case for a hearing at which time the court will either grant or deny the motion.

The cost for filing an expungement in California is $120.  having an attorney handle it will probably set you back anywhere form $500 to $1000.  When selecting a law firm to take care of a petition for expungement remember you get what you pay for.  Most cheap firms will take a long time and can mess up the process by not taking the time to research the case and see to it that the proper steps are taken.

Once a DUI has been expunged it will no longer appear as a conviction on your records, however, the DMV will continue to show the case for up to 10 years.