Legal Question in DUI Law in California

Back in August 2008, I was arrested for driving under the influence. That night I knew I was too drunk to drive after leaving the bar, so I slept in the car. Unfortunately I was parked in a condo complex and the security guard woke me up and told me I was trespassing and had to leave the property. I left the property and drove a block to find the nearest parking spot where I went back to sleep. To my dismay I was woken up once again to a policeman knocking on my window. It turned out that the security guard followed me until I parked and called 911. After spending the night in jail, I ended up hiring an attorney who met with the DA several times. The DA agreed that there was insufficient evidence for a case and put the burden back on the police department for more evidence. I was told that the statute of limitations to come up with a conviction was one year. Since that time I have been through DUI class and had my license suspended. Now a year has finally passed and I am clear of having a DUI on my court records. Is there any way I can get the DUI expunged from my DMV records or will this remain in effect? I will ask my attorney these questions, but I wanted to get different perspectives.


Asked on 9/03/09, 12:36 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you weren't convicted, there is nothing to expunge. If you were convicted and sentenced, as implied in your posting, then feel free to contact me once you have completed all terms of probation and at least one year after conviction. Expungement does not 'clear' your record, nothing ever will, it only allows you to say 'no' to conviction on most private employment applications.

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Answered on 9/03/09, 1:26 am


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