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Can DUI’s be Expunged?

Can a DUI Be Expunged?

Answer: Under penal code section 1203.4 you can petition the court to retroactively dismiss a DUI case after you have completed probation. This is what is often referred to as expungement and it is a great tool for cleaning your record especially for the purposes of gaining employment. However, even if the motion is granted and the case is dismissed, should you be charged with a DUI again within a 10 year period, the prior DUI will still be used against you for purposes of sentencing. So, in that sense it is not as if an expungement makes it as though the conviction never happened for all purposes. DUI’s are prior able, meaning subsequent DUI’s will be used against your for sentencing for up to 10 years.

Question: Does Expunging a DUI clean it from my DMV driving record?

Answer: Unfortunately not. An expungement serves to dismiss a case retroactively thereby making you more competitive for employment etc. but an expungement does not change your driving record with the DMV. For more information on expungements, please refer to the following link: Expungements

Attorney Chris Parkhurst

Mr. Parkhurst is an active member in professional organizations including the California DUI Lawyers Association, the Sacramento County Bar Association, California Deuce Defenders and the California Public Defenders Association. In his spare time, he enjoys the company of family and friends, travel, the beach, and competing in individual and team sports.

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