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I got a wet reckless in March 2012. How soon can I reasonable hope to get it expunged?

Ventura, CA |

I blew .16% BAC two times in back to back tests during the field test. Later when I was taken to the local Sheriff's office, when tested again I blew .04% then .14% then .10%. The DA offered 3/60 terms for my no contest plea. I accepted. All of my fees are paid, DUI class complete, driver's license reinstated, and all's well in life again except one small concern. I am currently in a prenursing program and will start the nursing program in Spring 2014 which means that I need to have my charge expunged prior to applying in August 2013. Is it reasonable to expect to be able to have the charge expunged to apply for the program by August or should I delay my application another semester or year?

Attorney Answers 8


  1. Typically you must wait for probation to expire. Some courts will allow an early filing at 1 1/2 years into probation. Never seen a deuce expunged though.

    This answer is not intended to give you any legal advice as the information provided by you is insufficient to provide any legal advice. You must seek the services of a qualified and experienced attorney before acting on any advice from this website or any other place. Please call my office for a Free Initial Consultation by calling (909) 481-5350.


  2. Try it but may not work. The chances may be better if an attorney tries it for you.

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  3. Minimum half your probationary period.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.


  4. You should have a lawyer help you make a motion for early termination of probation and for an expungement. There is no guarantee that a judge will grant your requests if only 1 year 5 months has passed, and DA might object. I have expunged DUIs (deuces), and just had one expunged very early but to get it granted you have to show that it is in the interests of justice, which is harder than most other offenses. Feel free to call me if you want to discuss.


  5. generally minimum one year to get case expunged


  6. Typically I've found it better to wait for about half of your probation to pass before requesting for a termination of probation. You also should enlist yourself in AA or another substance abuse class and show progress or completion of said programs before applying. Long story short, since you can't get anything expunged until your probation is terminated you should definitely wait things out.


  7. It order to get a conviction expunged (including a DUI or Wet reckless), you can not be on probation. It is possible to get probation terminated early by petitioning the court and setting a hearing on the matter, building a case, and convincing the Judge the reasons why it should be granted, often over the objection of the Prosecutor. Feel free to contact me if you would like to discuss further.

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.


  8. It would be reasonable to request early term and an expungement after at lest 1.5 years.

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