Skip to main content

How many duis can be expunged in california

Sacramento, CA |

i have 3 one i was convicted in2003 and the other two 2007. i have done everything required.

Attorney Answers 6

Posted

You can expunge all of them once your are off probation. There are several requirements of course, but mainly that you are not currently on probation for any of them (or anything else) and not currently facing new charges of any sort. The problem you face is that you likely had your probation violated on one of the 2007 DUIs when you picked up the 2nd one in 2007. If so, then the requested relief is discretionary by the judge and not mandatory. Definitely get an attorney to properly advise you and handle this for you.

The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. The attorney does not make any representation as to the expertise or qualifications. This attorney may or may not be admitted to state bar of your state.

Mark as helpful

7 lawyers agree

Posted

In theory, there is no limit. In general, you must be off of probation and have paid all fines and fees and restitution that might have been ordered. Hiring an attorney with experience in these matters will improve your chances of having the expungement applications be granted. Good luck.

Jasen Nielsen

Mark as helpful

5 lawyers agree

Posted

If they are all misdemeanors then it is possible to have them all expunged if the court cooperates with you. If any of them were felonies you cannot have served any prison time on it for a charge to be eligible. I would consult with an attorney familiar with post conviction procedures. Good luck.

Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.

Mark as helpful

4 lawyers agree

Posted

The court has the discretion to expunge any misdemeanor upon a properly made motion. You should be aware that having a DUI "expunged' will not change your DMV record and the DUI convictions can still be charged as priors IF (and I'm sure you don't want to deal with this ever again) you get arrested again. Good luck.

Contributions to AVVO.com do not establish an attorney-client relationship.

Mark as helpful

2 lawyers agree

Posted

There is no limit of convictions which can be expunged. It is discretionary, however, and you will need to show the judge you have been rehabilitated. There is also an issue of you not remaining law abiding while you were on probation, but a strong showing of your efforts to reform will help. The DMV record will remain even after a court expungement.

Mark as helpful

2 lawyers agree

Posted

At this point, all your 3 DUIs are priorable (if your 2003 DUI conviction was after June 2003). If before June 2003 then it is not priorable meaning if you pick up another DUI today, you will only have 2 priors as opposed to 3. For expungment, try to do the 2003 now and then in a few years try to get the other 2 expunged. Since you picked up 2 DUIs in 2007, even if you try to get it expunged, your motion will be denied. It all depends on the judge. Certain cities have liberal judges and they grant it and come cities don't. Good luck.

Mark as helpful

1 lawyer agrees

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics