5 years informal probation were charged to my friend for a 2nd DUI in 2010. She completed her first DUI probation that same year. She would like to get the first DUI expunged but is still on probation for the 2nd DUI. She has been denied employement because of her 2nd DUI. No incidents for the past 29 months.
In most states, you cannot get a DWI conviction expunged, partially because federal law requires the states to keep it on your DL record. if you DID get it expunged from your criminal record it would STILL be on your DL record bec. of the above federal laws/regs. HOWEVER, you can make a motion to the Court to get your probation shortened. See an experienced Calif. criminal defense atty.
An attorney, on your behalf, can make motions to shorten probation as well as ask the judge to end probation early and expunge the record. However, an expungement is not all you would hope for with DUI's.
Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.
My colleagues are correct. You can always have an attorney ask for a judge to modify probation terms and condition, including the length. However, almost every jurisdiction that I know of prevents expungement of a DUI, because most states belong to the "interstate compact" and every state and every court wants to know about the actual number of prior DUI offenses that the person has had in a lifetime.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
Criminal Defense Attorney
Under the right circumstances you can request an early termination of probation. As ling as you have completed all terms and conditions you can request an early termination by filing a motion to the court and requesting a hearing. this process is best handheld by and through an experienced attorney. An experienced lawyer tends o know what a judge wants to see in order to make a decision regarding your case.
Criminal Defense Attorney
An attorney may file a motion on your behalf to get the probation reduced from 5 years to 3 years for the 2nd DUI. With regards to expunging the first DUI, one of the conditions for applying to have a charge expunged is that you are not currently on probation on any other case. You would only be eligible for the expungment when probation expired on the first case.