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Can i get my minor's dui expaunged?

Santa Ana, CA |

I was charged with 23136a vc, more than a year ago. i paid all the fines. can I now get that expunged from my record? the court clerk said it's a fraction and I cannot do it for fractions? is that right?

Attorney Answers 5


  1. Best answer

    The first thing you should consider is whether you are seeking an "expungement" or the sealing of your records. An expungement is the process by which you reopen your criminal case and request a dismissal. An expungement does not remove the incident or the court proceedings from you record, it merely changes the perceived outcome of your case. Sealing, on the other hand, is the process by which your case outcome is not changed, but the entire case and all associated records become hidden from the public entirely. Though the terms are often used interchangeably, they are two separate procedures.

    With that being said, yes you can petition for an expungement of a VC 23136(a) even though it is an infraction. So long as you have satisfied all fines, fees, probation, and your sentence; one year has lapsed since the date of the offense; and you have not committed any new offenses, a court is likely to grant your request. The clerk may have been mistaken in thinking that since the infraction is under the Vehicle Code, it was a "traffic offense" not eligible for expungement (many aren't), which is an easy mistake.

    You should always seek an attorney is assisting you with an expungement to ensure your are eligible and your petition is done correctly, but if you feel confident in doing it yourself, there is a very good self-help section on the California Courts website (www.courts.ca.gov). Good luck!


  2. Yes, infractions are eligible for expungment but certain traffic infractions are not. My advice is to meet with an attorney for a free consultation to determine whether or not your infraction is eligible for expungement. Be certain to bring a copy of the court docket with you when you visit the attorney. I wish you the best.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  3. Infractions can be "expunged" under 1203.4a - Since the incident occurred over a year ago, you SHOULD be able to. Talk to an attorney and they can help with the proper paperwork. Good luck!


  4. Yes, infractions can now be expunged. If was a "true finding" since you were a minor (ie under 18), you can have the record sealed. Contact an attorney with your specific information and they should be able to guide you to put this in the past.

    Good luck,


  5. Yes, you can get it expunged per PC 1203.4. You can file it yourself or have an attorney do it. It should be done one year after the date of conviction, not date of incident.

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