Expunging a DUI?

California. About eight months ago I got a DUI and, according to my attorney, the violation will stay on my record for three years. That means, says he, that if during that period I have one beer and get pulled over for any reason I will be assessed another DUI.

A counselor at the unit that provides mandatory classes for single offenders (Me) said that was not true and when I’ve completed the classes and community service (I have in both counts) I could apply for something called “petition of the court” and expunge this violation from my record.

Who is correct here and if it’s my counselor is right, what do I have to do to wipe this offense from my driving record.

Thanks so much.

George
916-792-4245

[Happy Trails]

Originally Posted by george6053

California. About eight months ago I got a DUI and, according to my attorney, the violation will stay on my record for three years. That means, says he, that if during that period I have one beer and get pulled over for any reason I will be assessed another DUI.

A counselor at the unit that provides mandatory classes for single offenders (Me) said that was not true and when I’ve completed the classes and community service (I have in both counts) I could apply for something called “petition of the court” and expunge this violation from my record.

Who is correct here and if it’s my counselor is right, what do I have to do to wipe this offense from my driving record.

Thanks so much.

George
916-792-4245

How long will you be on probation?

[url]http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/CA/CA-EXP.htm[/url]

[JETX]

[quote=george6053]California. About eight months ago I got a DUI and, according to my attorney, the violation will stay on my record for three years. That means, says he, that if during that period I have one beer and get pulled over for any reason I will be assessed another DUI.

A counselor at the unit that provides mandatory classes for single offenders (Me) said that was not true and when I’ve completed the classes and community service (I have in both counts) I could apply for something called “petition of the court” and expunge this violation from my record.

Who is correct here

Both of them are correct as you are confused.
The attorney is correct in the terms of your probation..... but that has nothing to do with expungement.

The 'counselor' is correct in that a DUI in California can be expunged AFTER you have successfully completed your probation.

and if it’s my counselor is right, what do I have to do to wipe this offense from my driving record.

You will need a local attorney. For more, go to:
[url]http://www.1800duilaws.com/article/expungement101.asp[/url]
or
[url]http://www.duiprocess.com/[/url]

916-792-4245

Gee, I sure hope that is your conviction number. Surely no one is so stupid as to post their phone number on this forum.... are they??

[VendorMan]

George, you should do a lot more reading and research on this.

I'm not an expert or an attorney but a couple of things I do know.

1) if DMV has visability it will be on your DMV records for up to 10 yrs.
2)Most everyone checks DMV records like insurance companies, employers etc.
3) If you are convicted i.e. No Contest, guilty, plea to a lessor charge,
a misdormeanor is a misdormeanor and criminal records don't go away by themselves. (legal clarification from a pro would be appreciated)
4) There seems to be uncertainty about expungement, I'm not sure even the link provided by one thread (thank you) is correct. When you go to the Calif. Law self help site, it says that expunged records are still visible in the system they just have the guilty verdict set aside and changed to a not guilty??? For practical reasons I'm still trying to understand how this helps anyone. Any insight from other posts would be appreciated.

George, please continue your pursuit of education, these things don't go away easy....