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How to get public intoxication charge off the record?

San Luis Obispo, CA |

About a few weeks ago, I was arrested while parked in my car in front of my house, but was passed out and drunk and arrested. They only charged me for public intoxication. How do I go about this in court and after court to get this off my record. Currently it is clean.

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Attorney answers 7


Hire a lawyer and try to have them negotiate for a dismissal. Not sure how things work in SLO county but down south there are ways to get this dismissed.


The arrest will stay indefinitely unless you are granted a petition for factual innocence under 851.8 - or if they decline to prosecute and seem the arrest to be a detention only under Penal Code 849(b)(1) in which case it is there, but it is as though legally speaking you were never arrested.

First step - make sure you're not being prosecuted for this. It's worth consulting sooner rather than later with a local criminal defense attorney. There may be things they can do to keep this from being prosecuted and get you down the path of fixing this the best you can.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


Ms. Lisonbee is correct. The best way to "keep it off your record" is to prevent it from going on your record in the first place. HIre a lawyer and fight. If no charges are ever filed, you could even get the arrest record changed to "detention" only.

The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.


Locally it's called a Penal Code 1203.4 to eliminate a conviction or a Motion of Factual Innocence to erase an arrest where no charges were ever filed.


Retain an attorney now to have the charges rejected before the prosecution files it. Once it's filed, it's more difficult to remove from your record so don't wait until tomorrow. Do it now. I wish you the best.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


Be thankful that they didn't charge you with a DUI! Did you plead guilty? It wasn't clear from your question. You can plead not guilty and fight the charge. If you already plead guilty, you can do a petition for expungement after your probation expires, but it doesn't wipe your record clean. It will show as a dismissal. It's very complicated and hard to explain without a consultation, so call one of us on Avvo.

This is a general statement regarding law and facts and should not be construed as an attorney-client relationship or a solicitation for same.


Another avenue that may be available to you is a diversion program that may be available to get your case "diverted" from court so that there is no record. Typically you would enter into an agreement to complete some kind of class or counseling, and once completed your case is dropped. There are such programs in nearby Monterey County to the north, and Santa Barbara County to the south, so its a good bet there is one in SLO. Check with a local attorney and get some good representation so you can take full advantage of your options.

Any comments provided herein do not constitute legal advice or form an attorney-client relationship.

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