Legal Question in DUI Law in California

How long does a dui first offence stay on your driving record and on your criminal record


Asked on 4/24/10, 6:05 pm

2 Answers from Attorneys

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

A long time, maybe forever for some purposes. Make sure you are NOT convicted.

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Answered on 4/29/10, 7:18 pm
Terry A. Nelson Nelson & Lawless

Forever, just like any other conviction. However, it only counts as a 'prior' for DUI purposes for ten years. If you are facing charges, feel free to contact me.

In addition, many felony and misdemeanor convictions including DUI can sometimes be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 4/30/10, 11:24 am


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