When you are convicted of a DUI in California, not only will you need to deal with the criminal penalties of a conviction, but the collateral consequences as well. One of the biggest ways your life will be affected by a DUI conviction is through your criminal record.
Fortunately, with help from a Los Angeles DUI lawyer, you may be able to get your record expunged depending on the details of your case. Find out more about how expungement for DUIs work and how long your DUI conviction will remain on your criminal record when you contact your attorney to discuss the details of your case.
How Long Will a DUI Remain on Your Criminal Record?
When you are convicted of a DUI, unless you take steps to obtain an expungement, a DUI will remain on your criminal record indefinitely. Fortunately, you may be able to get your DUI expunged if you meet the eligibility requirements.
However, if you have yet to be convicted of a DUI, it is important to work to get the charges against you reduced or dismissed so you can avoid having to wait to be eligible for expunction.
Are DUI Convictions Serious in California?
Being charged with a DUI is a very serious offense in the state of California. In fact, across the country, states have cracked down on DUI offenders- imposing harsh criminal penalties, severe collateral consequences, and taking steps to reduce the number of car accidents and incidents related to DUIs.
Under California Vehicle Code §23152, it is illegal to drive with blood alcohol concentration (BAC) levels of .08% or more. However, you could also face DUI charges if your BAC levels are below this limit, if you carry a commercial driver’s license, or are 21years of age.
If you are convicted of a DUI, under California law, you could spend up to six months in jail, face a one-year license suspension, and be ordered to pay fines of up to $1000. You may also be required to attend DUI classes for a set period of time. The more DUI convictions on your record, the harsher the penalties you can expect. You can expect additional jail or prison time, science, increased license suspension times, and other severe consequences.
Can DUIs Be Expunged in California?
There are many crimes in the state of California that are not eligible for expungement. However, if you have previously been convicted of a DUI, you may be able to get your conviction removed from your criminal history under California Penal Code §1203.4. If your DUI record is sealed, prospective employers, landlords, and other third parties who may review your criminal background will no longer have access to your conviction. Furthermore, when you are asked whether you have previously been convicted of a crime, you will be able to honestly answer “no. “
It is important to note that the DUI will still remain on your criminal history record as a prior conviction only. This means if you are convicted of a separate DUI within 10 years of your initial DUI, the subsequent DUI will be considered a second DUI offense as opposed to a first DUI offense. Certain government employees and law-enforcement officials will still have access to your criminal background check as needed.
How Long Will a DUI Remain on Your Driving Record?
Although DUI convictions will remain on your criminal record and definitely, they do not remain on your driving history forever. In the majority of DUI cases, your driving record will reflect your DUI conviction for up to 10 years.
Law enforcement and the California Department of Motor Vehicles will be able to see that you have previously been convicted of a DUI. However, once these 10 years have passed, this information will no longer be reflected on your driving record.
Will a DUI Conviction Show Up on Your Background Check?
DUI convictions do show up on your criminal background check. Anytime a prospective landlord, financial institution, employer, or other individual or entity needs to conduct a background check, your DUI conviction will show up on your record through your Social Security number. You may be hoping to do something as innocuous as coaching your child’s soccer team.
However, a conviction could impact your ability to participate in these opportunities.
It is also important to remember that background checks can be more in-depth depending on the details of your case. For example, if you are going into the healthcare or education industries, these entities may require fingerprinting in addition to your consent to a criminal background check. This will show any prior charges, arrests, and convictions as applicable.
Can DUI Convictions Be Expunged from Your Driving Record?
Your driving record will reflect your DUI conviction for years to come. Unfortunately, expungement is not possible for DUI convictions regarding driving records. This is, in part, because suspension or revocation of your driver’s license is considered an administrative penalty as opposed to a criminal one.
How Can You Get Your DUI Expunged in California?
If you are hoping to get your DUI expunged in California, you must meet the requirements for expunction. This means you must not have served time in California State prison and completed the terms of your probation or other sentencing requirements.
As long as you meet these requirements, you may be able to file a petition with the court to get your misdemeanor or a felony DUI conviction expunged. The judge will review the details of your case and your petition to determine whether your DUI should be expunged.
Contact a Los Angeles DUI Attorney for Legal Help Today
If you are interested in getting a former DUI conviction expunged from your record, or if you need a powerful legal advocate who can help you avoid a DUI conviction, contact an experienced Los Angeles DUI lawyer.
Your attorney can analyze the details of your case to determine how to best approach your defense or expungement petition. Schedule a confidential consultation as soon as possible so you can protect your future.