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  1. #1
    axl4u2000 is offline Member
    Join Date
    Oct 2002
    Posts
    47

    How to get a DL after 10 years or DUI

    What is the name of your state? California

    Hello,

    I had my first and only DUI about 10 years ago and never completed the alcohol program since i took jail time instead. I left the country for a while and when i returned I went to the dmv about 3 years ago and they told me I still needed to complete the program in order to get me driving rights reinstated and when I told them the judgement, they said they needed to see the proof but when I went to court my case was no longer available and the file was already sealed or thrown aside.
    I know the DMV over-rules the court and they may still need me to complete the program but no so sure.
    Does anyone know what I will need to do in order to get my license back? it's been 10 years and i know the DUI convictions stay in the records up to 10 years. Will after the 10 years my record will be clean and I can apply for a license?

    Any help on this matter will be appreciated.

    Thanks
  2. #2
    CourtClerk is offline Senior Member
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    Apr 2007
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    Sitting at the computer probably rolling my eyes at your post
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    13,439
    Quote Originally Posted by axl4u2000 View Post
    What is the name of your state? California

    Hello,

    I had my first and only DUI about 10 years ago and never completed the alcohol program since i took jail time instead.

    This usually isn't an option today... but 10 years ago it could have been...

    I left the country for a while and when i returned I went to the dmv about 3 years ago and they told me I still needed to complete the program in order to get me driving rights reinstated and when I told them the judgement, they said they needed to see the proof but when I went to court my case was no longer available and the file was already sealed or thrown aside.

    It's not thrown aside or sealed (unless the judge ordered it sealed at your request), it's probably in the basement of the courthouse which means you'll have to go down there and request it and come back another day for a copy of the order.

    I know the DMV over-rules the court

    They do???? Since when?

    and they may still need me to complete the program but no so sure.

    You probably will...

    Does anyone know what I will need to do in order to get my license back?

    Go get a copy of the order from the court in which your case was handled, and see

    it's been 10 years and i know the DUI convictions stay in the records up to 10 years.

    The CONVICTION comes off of your record in 10 years, however, if your license is suspended because you failed to fulfill that obligation guess what? It'll stay suspended and it will be up to you and the court to settle that.

    Will after the 10 years my record will be clean and I can apply for a license?

    Nope
    Any help on this matter will be appreciated.

    Thanks
    Go back to the courthouse and ask them how to get a copy of a 10 year old DUI case. Pay the money and then go read. Or hire a DUI attorney and they will do the footwork for you.
  3. #3
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,337
    The CONVICTION comes off of your record in 10 years
    To clarify, the DUI conviction is no longer priorable after 10 years, but it WILL stay on your criminal history forever or until a court orders it removed.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  4. #4
    Join Date
    Oct 2005
    Posts
    104
    The only people who do jail in lieu of the class are people who aren't ever planning on getting their license back. What the DMV told you sounds right. And it's true that the court generally doesn't get involved in telling the DMV who to give a license to.

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