The Expungement Process

What is an expungement?  General, expungement only occurs in misdemeanor cases.  After an appropriate period of time-with misdemeanor DUIs it’s one year-the court will entertain a motion to expunge your sentence and terminate probation.  Expungement is more properly referred to as “record clearance”.  Essentially what happens is that the court, on granting the motion for DUI expungement in California, will re-open your case, and then dismiss the charges.

Your criminal record (for the most part) disappears.  This helps when it comes to applying for jobs where there are background checks.

What is Termination of Probation?  When you are convicted of a DUI you are placed on either three or five year probation.  Most DUIs have three years of probation imposed.  The problem comes when you apply for a job that involves a background check.  (We had a client who was refused a job at Safeway because he was on probation.)  If you are still on probation, most companies won’t hire you.  The purpose of terminating your probation is to erase this from your record and get you back into the job market.  With the military, terminating probation and expunging your record are essential.  Talk to your local recruiter.  Many recruiting officers will even accompany you to court to get your sentence expunged and your probation terminated.

What will expungement do?

It will help you pass a background check and get back into the job market.  This is the goal that most clients have.

What will expungement not do?

First expungement will not clear your driving record.  Your DUI will still show on your H-6 printout- a complete record of your driving history for the past 10 years.  After 10 years your driving record will not show anything in a background check.

Expungement will not make your DUI disappear as far as law enforcement is concerned.  They will still know you got a DUI and if you get another one within 10 years, you will be charged with having a prior.

What do I need to qualify?

This should be your first DUI.  You must have paid all fines, finished DUI school and performed the balance of your sentence.  You must not have any arrests since your conviction.  Finally, be prepared to show why you need record clearance.  A good declaration will provide specific examples of how you have lost a job, a promotion or a transfer because of your DUI.

How long does it take?

About 30 days from the filing of the motion.  It will take us about ten days to prepare the motion and file it with the court, so figure between 35 and 40 days from the day your walk into our office.

How much does it cost?

Not much.  It is one pleading and a single appearance in court.  Measure your fee in the hundreds rather than the thousands.