Driving under the influence puts everyone else on the road at risk. California state laws recognize the danger of this activity by making a DUI a criminal act. If you are convicted of a DUI, you will face criminal penalties in addition to having your license suspended.

However, just because the state takes this charge seriously, that doesn't mean the justice system is devoid of mercy. Depending on the circumstances of your arrest and conviction, you may be able to have a DUI expunged from your record.

What It Means to Have a DUI Expunged

The term “expungement” is slightly deceptive. It doesn't mean that the state of California removes your conviction from all records. Instead, it means that your conviction is erased for specific purposes.

In California, if your DUI is expunged, employers may not use the fact that you were convicted of a DUI to determine whether to hire or promote you. Furthermore, in most circumstances, if an employer asks whether you have been convicted of a DUI, you can say you haven't been.

There are only two exceptions. If you are applying for a state license or teaching credentials, the expungement does not apply.

Qualifying for Expungement

To qualify to have a DUI expunged, you must have been found guilty of a DUI and not have served time in state prison as part of your sentence. Alternatively, if you served time in state prison, you are eligible if your sentence would have resulted in county jail based on the new standards set by Proposition 47.

Assuming you meet the above conditions, you must have completed all penalties associated with your probation. This means you need to have:

• Paid all fines
• Completed any required counseling, programs, and schooling
• Passed all alcohol and drug tests
• Completed all community service

If all of that is true, you qualify to have your DUI expunged as soon as your probation period is complete. There is no waiting period for expungement in California.

The Expungement Process

The expungement process in California is very simple. Assuming you qualify for an expungement, you may petition the court to expunge the conviction from your record. The judge will review your petition to confirm your eligibility. If the judge determines you are eligible, they will grant you an expungement.

What this means depends on how you were found guilty. If you pled guilty or no contest, the judge will allow you to re-enter your plea as not guilty. Conversely, if you were found guilty at trial, the judge will set aside that verdict.

This is why it is legal for you to inform an employer that you were not convicted of a DUI. In the eyes of the court, you weren't. However, this doesn't mean your record is wiped clean for all purposes.

Your DUI arrest is still likely to show up on background checks. While California employers may not use that information against you, employers in other states are not equally bound by the law.

Furthermore, the DUI conviction remains on your record for another purpose. If you are convicted of another DUI within 10 years of your previous DUI, the state may use that information to apply greater penalties to you, even if your previous DUI was expunged.

Limited Benefits of DUI Expungement

Expunging a DUI in California has limited benefits. While employers can't use information about your DUI conviction when making employment decisions, other parties that perform background checks can potentially use that information.

For example, you may be subjected to a background check when applying for an apartment or starting a financial relationship with another party. Also, your DUI conviction could affect your ability to travel internationally. While Canada respects DUI expungements, other countries may not.

Expungement Has Almost No Downsides

While expungement may offer limited benefits, it also has almost no downsides. The worst that can happen is a judge determines that you don't qualify. However, if you do qualify, getting your record expunged is inexpensive and surprisingly quick.

If you were convicted of a DUI in California and you didn't serve time in a state prison, you should talk to a DUI criminal defense lawyer as soon as possible.