Legal Question in DUI Law in California
I got 2 DUI's 17 years ago and have not gotten a license since then or even gotten behind the wheel. The DMV wants me to go to school for 18 months before I even apply for a license, what I'd like to know is how can I purge my driving record? If I'm not mistaken those are my only tickets and am so glad I did it right! I know, it's not funny, I have gone thru a rehab and passed, also, have not had a drink for 10 years. Thank you, lucille Oh by the way I live in California.
3 Answers from Attorneys
DMV legally requires you to complete the 18 month program. I wish I knew of a way around the Vehicle Code but since you are in California, there is not.
For a complete statewide list of programs in your area, go to http://www.adp.cahwnet.gov/Criminal_Justice/DUI/pdf/DUI_dir2007.pdf.
If you have any questions about your license, please call DMV's Mandatory Action Unit at (916) 657-6525.
Congratulations on everything else you have done.
http://www.SanDiegoDUI.com
In answer to one of your specific question:
Many convictions, including DUI, can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like you qualify. If successful, the conviction[s] would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, feel free to contact me for the legal help you'll need.
If your most recent DUI conviction was prior to 1999, then I believe you are only required to complete a 12-month school instead of an 18-month one. You should point this fact out to the DMV Mandatory Actions Unit.
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