If you have a hit and run accident on your records, and you get it expunged, will it be expunged on your DMV records as well?

Asked about 3 years ago - Placerville, CA

I went to court and asked Judge to expunged this off my record, he agreed, as this was the first offense, and I was having a hard time getting a job, because it was on my record. I paid for all the property damage and at the time the judge gave me instead of jail time, community service for so many hours, that was all completed.

Attorney answers (4)

  1. Robert Lee Marshall

    Contributor Level 20

    Answered . The accident will remain on your DMV record until it "drops off," and the action in the criminal court will not affect that.

    A so-called "expungement" doesn't really expunge anything in California. It is really a dismissal under Penal Code 1203.4, which adds a notation to the court's record saying your case was dismissed after successful completion of probation.

    Private employers are not supposed to ask about convictions that were dismissed under Penal Code 1203.4, or seek information about the dismissed cases on a background check, but the conviction remains a public record that anyone can access.

    You must still disclose the conviction when applying for state professional licenses, running for political office, and contracting with the state lottery.

    Please understand that this is a general discussion of legal principles by a California lawyer and does not create... more
  2. Steven Mark Sweat

    Contributor Level 19

    Answered . You should make a formal request with the DMV to remove this from your driving record and attach the expungement and proof of restitution to the victim. Depending upon how long ago this happened, it may already be off your record.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  3. Christian K. Lassen II


    Contributor Level 20


    Lawyer agrees


    Answered . It depends on your dmv.

    Click on the name or picture of the lawyer answering your question to see their profile, and then you can click... more
  4. Brian Curtis Pascale


    Contributor Level 18

    Answered . Depends on your state's laws.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more

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