Legal Question in DUI Law in California

I don't understand "it shows on your record as active" means. Was a case filed? Is there a warrant for your arrest.

Most DUIs are misdemeanors, unless the drunk driver 1) injures or kills someone, 2) has three or more other DUI convictions within ten years, or 3) has one prior felony DUI conviction within ten years. If those apply, it can be charged as a felony.

All criminal charges must be filed within the Statute of Limitations. For most misdemeanors, it's ten years; for most felonies, it's three years.

In a misdemeanor case, the statute of limitations is satisfied when the District Attorney files a criminal case; for felonies, it's satisfied when a judge issues an arrest warrant.

Even if a case was filed or a warrant was issued before the Statute of Limitations, you might be eligible for dismissal if the police didn't bother to find and arrest you. However, if there's been a warrant for your arrest since 2004, it isn't going to disappear, and you might get arrested as the most inconvenient time. I'd encourage you to consult a lawyer in your area for help cleaning up this mess.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

Records are forever. However, DUI convictions only count as 'priors', i.e. penalty enhancement, for ten years. BUT, you say you never went to court, yet say it "is on your record". WHAT is on your record? If you didn't yet 'handle' it by appearing in court and entering a plea bargain or going to trial or getting it settled in some manner, that would indicate there would be a warrant for your arrest for 'failure to appear', thus the 'active' designation. You need to determine the true status, and resolve any outstanding warrant,otherwise you risk being taken away in cuffs if you come in contact with any law enforcement like police or ICE. If this is in SoCal, and you're serious about hiring counsel to help you or represent you in court, feel free to contact me.