Legal Question in DUI Law in California

I want to expunge a DUI that i had in 2001. If i expunge, i know it will show as dismissed on my criminal courts record, but will it also continue to show other data such as Violation Date, Conviction Date etc? Will this DUI criminal record always be accessible to the public forever (unlike DMV record which is 10 years)?


Asked on 8/09/11, 11:23 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Unfortunately it will still be visible on the occourts.org web site even if your arrest and conviction is "expunged." Credit reporting agencies such as those who conduct employment "background checks" would be legally prohibited from reporting it. I have always wanted to pursue this issue with the Orange County courts in an appropriate case. If you need help with your "expungement," give a holler.

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Answered on 8/09/11, 11:30 am
Terry A. Nelson Nelson & Lawless

As you found, expungement does not �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. Yes, your criminal record will always show what happened; that is the whole point of "records". It is permanently maintained on the federal and state DOJ databases, not just on the local court's. Unless and until you get the state and federal legislatures to change the laws, nothing can be done to actually 'clear' it.

However, you should consider getting the conviction expunged; which would help in obtaining and keeping employment. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. If you�re serious about doing this, feel free to contact me for legal help.

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Answered on 8/09/11, 12:22 pm


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