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Can underage DUI (23140(a)) be expunged?

Huntington Beach, CA |

Is it possible? I was convicted of CVC 23140(a) and am planning to expunge it once I complete the probation. However, it is an infraction, and some websites say that infractions cannot be expunged. At the same time, it is "wet reckless," so... some websites say it can. Which one is right?

I committed this crime when I was 20... so I cannot seal it. I am aware of that. New CA law says that some infractions can be expunged, but those that are related to vehicular offenses still can't. This is why I am confused: 23140 is an infraction and is a vehicular offense. This means that without doubts, I can't expunge it but have to live with it for 10 years. This is actually a nonsense: 23140 is a baby DUI compared to a full fledged one and it's better to commit the latter one since at least you get to expunge it... Or am I thinking incorrectly?

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Attorney answers 6

Posted

Infractions are like traffic ticket, i.e. speeding. CPC Section 1203.4 allows for expungements of misdemeanors. Have you run a criminal background check to see if it was an infraction or not.

If it was a misdemeanor, and you have completed all the terms of your probation, i.e. stayed out of trouble, paid your fines, taken your classes, you may be able to get an early termination of your probation.

Feel free to contact me with any questions, I'd be glad to help.

Elliot R. Zarabi, Esq.
(818) 478-9895

Legal disclaimer: This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.

Posted

You can expunge infractions under 1203.4a. 23140 is an infraction.

Posted

Are you under 18. If so your entire record will be sealed which is better than an expungment. Understand that Defendants are ineligible to seek relief under Pen. Code § 1203.4a if convicted of violating any infraction provision of the Vehicle Code or a local infraction ordinance adopted pursuant to the Vehicle Code. Since your case is a vehicle code infraction it is not eligible for 1203.4a.
Robert Driessen

Posted

The law recently changed and now you can expunge infraction. I would suggest getting a copy of the court's paperwork to be sure its an infraction. If you were under 18 at the time you can seal it, if you were over 18 then expunge it. I handle expungements and sealing of records in Orange so if you can't find the forms or have follow up questions repost on avvo or email me.

Asker

Posted

Yes, I am aware that the new law allows the infractions to be expunged. However, it also says that any infractions that are related to "vehicular offenses" still can't be expunged. Isn't 23140, or so called "baby DUI" thus can't be expunged?

Michael Rutledge Norton

Michael Rutledge Norton

Posted

Yes Mr. Driessen is correct for that count it cannot be expunged. SOmetimes the law does not makes sense, such as a case like this where a more severe charge can be expunged and a lessor offense cannot.

Posted

I have already answered this question but I can tell by your additional comments and the quite frankly the incorrect advice you have received from other attorneys I will state the one and only answer you need once again. NO, YOU CAN NOT EXPUNGE THE INFRACTION!!!! The reason for this is as I already stated any California Vehicle Code infraction is not (I repeat — NOT ) expugnable even under the new law. It is fair maybe not but that is the law. Also understand that even if you could expunge the infraction it does not eliminate the DMV record that will be in existence for 10 years, it would only show a dismissal on the court’s record, IT DOES NOT EFFECT THE DMV RECORD.
Robert Driessen

Posted

Mr. Driessen is correct. Mr Norton and I both answered incorrectly. Unfortunately you cannot expunge infractions that are found in the vehicle code.

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