Legal Question in DUI Law in California

Re: DUI Expunge, how long on DOJ background check?

Please allow me to elaborate on my previous answer.

The fact that your DUI was a felony implies that you were in an injury accident (VC 23153(a)).

Yes, if the offense is a "wobbler" (chargeable as a felony or misdemeanor) and you did not do state prison time the court might be persuaded to reduce it to a misdemeanor under PC 17 and then expunge the arrest and conviction under PC 1203.4 (a PC 17 motion normally requires the help of an attorney).

But, and this from my perspective is sweet, sweet poetic justice, California's child abuse and elder abuse laws specifically state that not only do misdemeanor convictions bar a person from child and elder care employment, expungement does not count for these purposes. You would have to apply to the state department of social services for a waiver. Also, PC 1203.4 expungement doesn't count as far as government employment is concerned. And whoever hired you would be foolish to allow you to drive an official vehicle, because if you were to get drunk and crash again, your employer could be sued for "negligent entrustment." And most of your social worker colleagues would have absolutely no qualms about taking a child from its family at gunpoint and placing it for a forced adoption based on a parent's felony DUI conviction. What's sauce for the goose is sauce for the gander.

Re: DUI Expunge, how long on DOJ background check?

The other attorneys haven't made clear enough that the DUI can NEVER be expunged, and will probably keep you from any government or professional licensing, bonding, security clearance, driving jobs, etc. That is the consequence society through its laws imposes on such criminal conduct. Actions have consequences, unintended or otherwise.

Re: DUI Expunge, how long on DOJ background check?

Thank God. One fewer social worker.

Re: DUI Expunge, how long on DOJ background check?

If you were on probation and the offense could be charged as either a felony or a misdemeanor you can have the felony reduced to a misdemeanor under the provisions of Penal code section 17. You could also attempt to have it expunged, but generally this is not available for dui or other driving violations.