How Long Does a DUI Stay on Your Record in California?
The ability to drive from one place to another on your own time is a privilege that many take for granted. Grabbing our keys as we walk out the door instead of checking bus schedules or scheduling a rideshare is much more convenient. However, when we take advantage of that privilege and make decisions that put ourselves and others at risk while we are behind the wheel, it can have lasting impacts on our freedoms on the road. A common question some people ask is, “How long does a DUI stay on your record in California?”
A DUI in California is a serious criminal charge that could bring severe California DUI penalties. While you may not spend years in prison, you could be affected by a conviction for a lifetime. Criminal DUI offenses become a part of your record that can be seen by employers, landlords, or anyone else who performs a background check. This could have lasting impacts on your finances and relationships. It could even play a role in any child custody case.
The Severity of a DUI Conviction
In 2023, alcohol-related road accidents in California claimed 1,355 lives. Between 2022 and 2023, there was a 7.6% nationwide decline in alcohol-related fatalities, while California had a 4.5 percent drop in deaths due to impaired driving. While fatalities have decreased, arrests still occur frequently for driving while impaired.
Any alcohol content higher than 0.08 percent is against the law, according to California Vehicle Code 23152 (B). For commercial drivers, alcohol content may not be above 0.04 percent. And if the driver is under the age of 21, the legal drinking age, blood alcohol content may not exceed 0.01 percent.
Unlike other states, however, California has some of the toughest laws on DUI charges. A first-time offense, for example, could cost you up to $1000, a suspension of your license, a potential jail time of 6 months, and even mandatory attendance in DUI classes.
If you are convicted of additional DUI charges, each of these penalties becomes more severe, with longer sentences and suspensions, heftier fines, more extensive courses, and the possibility of an ignition interlock device installed on your vehicle. Fortunately, there are avenues available to have a DUI dismissed from your record.
California’s Criminal Record Relief Laws and DUI Convictions
California recently implemented several Clean Slate laws that provide more opportunities for Californians with criminal records to seek relief. California’s AB 1076 and SB 731 grant automatic record relief for certain arrests and convictions. These individuals won’t have to go through the court to get this relief anymore.
California’s Clean Slate laws allow individuals to minimize the impact a criminal record may have on obtaining employment, housing, and educational opportunities.
Individuals with DUI convictions may qualify for similar record relief if they meet the necessary requirements and have completed all terms of their sentencing. Typically, DUI convictions can be dismissed under California Penal Code § 1203.4. California commonly refers to this relief as an expungement, but this does not mean the DUI conviction is removed from your record. Ultimately, the court withdraws the guilty plea or verdict, leading to the case’s dismissal.
What DUI Defendants Should Know About Record Relief
California’s Clean Slate laws do not guarantee that all consequences of a DUI conviction may be lifted. If someone is accused of a second DUI within the lookback period, the court may look at the previously dismissed DUI when deciding on the new charges. Additionally, some agencies may still be able to see your record even if you receive a dismissal.
However, it is important to note that most types of record relief won’t affect administrative penalties from the California DMV. DUIs can result in a license suspension and other impacts to your driving record. Those convicted might have to go through a different procedure with the California DMV. California’s criminal record relief laws are constantly changing. Speak to an attorney to find out what options you may qualify for.
What You Need to Know About California DUI Expungement Laws
Just because you have a DUI on your record does not mean you have to live with the consequences for life. California DUI dismissal laws allow many people who have been convicted of a DUI to apply to have their record cleaned up. Although you cannot make the DUI go away completely, dismissal can relieve you of many of the long-term effects of a criminal conviction.
A DUI conviction can cause you to lose job opportunities, be ineligible for professional licensing, lose out on housing options, and even affect your ability to go to college. For these reasons and more, it is important to understand how a dismissal can help you put your DUI case behind you.
After the court expunges your conviction, the judge is required to set aside your guilty plea or verdict and dismiss the case. For the majority of private-sector job applications, you’ll be able to honestly state that you haven’t been convicted of this offense.
However, some government agencies, professional licensing boards, and law enforcement offices may still be able to see that you were convicted of the crime. It is important to understand these exceptions prior to moving forward with an expungement petition.
If your DUI conviction occurred in Napa County and you would like to file for an expungement, your case would be heard through the court system in Napa County, California, at the Napa County Superior Court – Criminal Courthouse, which can be found at 1111 Third Street, Napa, CA 94559.
Why Hire a DUI Lawyer
Most people do not realize that there are very specific legal requirements that must be met, rigid filing procedures, and arguments that can be made based on the specific facts of your case. This is why many people decide to hire a dedicated DUI lawyer when applying for relief from a DUI conviction.
Your lawyer can review the details of your case and determine if you are eligible to file a petition for dismissal. If you are eligible, your attorney can help you understand what obstacles you may face and make sure all documents are prepared accurately and submitted to the court in a timely manner. In some cases, your attorney may even be able to provide proof to the court that you have stayed out of trouble, complied with all probationary requirements, and other factors that may benefit your case.
California DUI laws are always changing. New laws are passed, courts issue new decisions, and court procedures can change. A DUI lawyer at the Law Office of Conor Bell keeps up on these changes and knows how they can affect your petition.
FAQs
Does a DUI Automatically Come Off Your Criminal Record After 10 Years in California?
No, a DUI does not automatically come off of your criminal record after 10 years in California. It is possible to have your criminal convictions dismissed with a petition. For an expungement to be granted, it must meet certain criteria for both misdemeanors and felonies within 10 years of the conviction. However, there is no way to have it removed from your driving record for a minimum of 10 years.
How Long Do You Have to Wait to Get a DUI Expunged in California?
To have your DUI expunged from your record, there isn’t a set waiting period; rather, you must meet the requirements before you can file a motion with the court. You must have completed any assigned probation, which typically lasts three to five years, and your conviction must not have included any time in state prison. You also must not be on probation for another crime, have been charged for a different crime, or currently be serving a sentence.
How Do You Get a DUI Off Your Criminal Record in California?
Your DUI can be dismissed from your criminal record by filing a motion through your attorney with the court. You must, however, have completed all requirements mentioned above. Your attorney can determine your eligibility for dismissal, draft and file the petition, and notify the District Attorney’s office of the petition. If the prosecutor objects, your attorney can advocate for you in a court hearing, where the judge will make a final decision.
Can a Lawyer Help You Get a DUI Removed From Your Driving Record in California?
No, your criminal defense attorney cannot help you get a DUI removed from your driving record in California. They can only help you clear your criminal record. Your attorney can help you understand the options you have for dismissal from your criminal record based on the charges and penalties you face. It is possible your attorney could petition to terminate your probation early for good behavior. Your DUI will remain on your DMV driving record for 10 years.
Hire DUI Defense Attorney
Facing any type of DUI charges or convictions can cause you to carry a heavy burden in other areas of your life. Beyond fines, potential prison time, suspension of your license, and mandatory classes, you could face challenges obtaining employment or housing as a result.
If you are facing DUI charges or are looking to have your charges expunged from your criminal record, you should trust an expert criminal defense attorney like those at the Law Office of Conor Bell. Our team has the knowledge and experience to help you navigate your DUI charges. Contact our office today.
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