The process of expungement allows you to get past criminal convictions removed from your record. Expungement is available in some cases involving driving under the influence (DUI). If you are considering this legal option, you may be wondering how long a DUI expungement will take in California.
The time it takes to secure a DUI expungement can vary based on your situation. Go over the factors tied to expungements in California right here. The Simmrin Law Group can help you focus on the facts about the expungement process. Call (310) 896-2723 so we can consider your situation.
Not All Drivers Can Apply for a DUI Expungement
Before we discuss DUI expungements, you should be aware that not everyone qualifies to apply for an expungement. Expungements may be offered to individuals convicted of a misdemeanor or a felony if:
- They are not sent to prison OR
- They were sent to prison but would not have been based on Proposition 47 AND
- They completed a period of probation
The majority of drivers convicted of a DUI in California will meet these eligibility requirements. However, drivers convicted of felony DUI causing injury or multiple DUIs may not qualify for an expungement.
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You Can’t Apply for a DUI Expungement Right Away
As we mentioned, you can only apply for an expungement of your DUI once you complete your court-ordered probation. In most first-time DUI cases, you will face three-to-five years of probation. You can only begin working on an expungement after this period of time passes.
Note that, if you get your probation terminated early, you can begin applying for an expungement immediately. You do not have to wait for the original period of time dictated by your probation to expire.
In some cases, you may have your probation terminated after 18 months. It’s easier to get your probation reduced if you work with a criminal defense lawyer in Los Angeles. Your lawyer may argue that your probation should be terminated early if:
- You followed all the regulations of your probation
- You paid any fines associated with your charges
- You completed any classes ordered by the court
- You need to end your probation to advance at work, travel for work, or get gainful employment
Time Frame to Complete a DUI Expungement in California
Once you are no longer on probation, you can move forward with your expungement. A DUI lawyer in Los Angeles can help you apply to have your record expunged. This process may take up to five months once it begins in earnest.
You should be aware the expungement may take significantly less time in some circumstances. In certain cases, your expungement may be secured in a month. You can get specific information about how long an expungement might take in your case by contacting the Simmrin Law Group at (310) 896-2723.
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An Expungement Dismisses Your DUI Case
Now that you know how long a DUI expungement can take in California, we should discuss exactly what an expungement will do for you. If your DUI expungement petition is successful, a judge will either:
- Allow you to withdraw your no contest or guilty plea and enter a new not guilty plea OR
- Set aside the verdict handed down in a bench or jury trial
At this point, your case is dismissed. Once your charges are expunged, you no longer have to list them when asked if you were convicted of a crime. However, you should be aware that expunged DUI convictions will still count against you if you are arrested for a new DUI.
All DUI charges are priorable for up to 10 years, including expunged charges. Additionally, expungement will not undo the suspension or revocation of your driver’s license in the state of California.
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Get Help Handling a DUI Expungement in California
You can get help expunging your DUI conviction in California by reaching out to the Simmrin Law Group right now. We can go over the facts of your case to determine how long a DUI expungement may take for you. DUI lawyers in Los Angeles can also help you focus on the expungement process so you know exactly what to expect.
You can move forward with your life without a DUI conviction hanging over your head if you get an expungement. Allow us to work aggressively for you right now. You can easily contact us to get a FREE case evaluation from our criminal defense lawyers in Los Angeles.
Take charge of your future after you are convicted of a DUI. Reach out to us right now by filling out our online contact form or calling (310) 896-2723.