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Expungement of a DUI Conviction

If you have had the misfortune to suffer a DUI conviction in Placer County all is not lost and background checks a simple, convenient, and affordable process. The Phillips Law Offices can have most DUI convictions removed from your public records within approximately six weeks.

DUI Expungement Qualifications

I. Your DUI conviction must not have resulted in a prison sentence, although incarceration in a city or county jail or detention center will not disqualify your eligibility for expunging your case.

II. You must not have any pending criminal charges or current court cases.

III. You have successfully completed your probationary term and met all terms of your sentencing, are not currently in custody, and have since been lawfully abiding. *note: If you are still on probation for the offense you wish to expunge, we may be able to petition the court to grant you an early release from probation to expedite expungement of your DUI case.

IV. If you were never placed on probation for your DUI, your offense will be eligible for expungement one year from the date of your conviction.

DUI Expungement Benefits

I. You may legitimately declare no criminal record to employers, insurance companies, landlords, and other organizations.

II. Reinstatement of Eligibility for specific professional licenses and permits.

III. Will not surface in a background check performed By non- government entities and private parties.

IV. Government agencies, with the exception of police and concessionaire licensing boards, will qualify your eligibility or application as though no offense was ever committed.

California DUI Expungement FAQ’s

How long will it take to expunge my record?
Approximately six weeks.

If I'm arrested for another DUI after having this case expunged, will the new charge count as a first offense?
No. If you arrested again within 10 years of your previous DUI arrest date, from date of arrest to date of arrest, the expunged driving under the influence case will be charged and punished as a second offense.

What happens if the court grants my expungement?
The court will issue a dismissal of your case, setting aside your conviction, and send you a court order to this effect. The criminal case database records will be updated to reflect the dismissal & expungement, or setting aside, of your DUI conviction.

What will a background check reveal about my expunged crime?
If you have authorized a government agency to check your background, your records will show a DUI court case existed and was dismissed without a conviction or guilty verdict. A background search executed By a private sector, non-governmental entity, will either yield no results on the case or show the specific DUI charge as dismissed without a conviction or guilty verdict.

When must I disclose an expunged crime?
You will need to disclose an expunged crime when applying for public office, a contract with the California State Lottery, or for licensure By any local or state governmental agency.

I didn't receive a DUI, but the cop busted me for possession of marijuana. Can I have it expunged?
As long as the marijuana was your only offense cited, the possession charge will be automatically erased from your criminal record after two years. California Health and Safety Code Sections 11361.5 and 11361.7 apply to all possession of marijuana for personal use convictions, after January 1, 1976, will be dismissed automatically after 24 months.

*note: California's two-year dismissal policy applies ONLY to simple possession, NOT to marijuana cultivation, sales, or transportation violations.

Why isn't expungement included in California's Penal Code?
The term "expungement" does not appear in California's Penal Codes, but is reference By Section 1203.4 and 1203.4a which grants authorization to the court to repeal a guilty verdict and grant a dismissal when certain terms have been met.

Will I need to appear in court or attend an expungement hearing?
No, our law office will handle all matters on your behalf.

Please feel free to contact our office at 800.978.0186 or for answers to any questions you may have about DUI expungement.