Legal Question in DUI Law in California

I recently had a background check done and I noticed a DUI from 1988 was still showing on my record. I took a class to have it removed from my record. While checking into this, I learned that the BAC limit was .10 in California in 1988. Their records state that my BAC was .08. They unlawfully charged me for a DUI, charged me for a class to have it removed (but did not remove it), and are responsible for me having to pay higher insurance rates based on what? Did I miss out on a job or a rental because of their actions? Do I need an attorney for this? Tell me, will I ever really get anywhere on this one?


Asked on 9/05/16, 3:58 pm

1 Answer from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

It's pretty amazing that it still shows up. I don't believe you "took a class to have it removed from my record." You may have thought that's what was going to happen, but it wasn't, and it didn't. You took the class because it was required by law, and was probably the only way that you could have gotten your driver's license back. Be that as it may, you can petition for the conviction to be "expunged" from your record. That word is in quotes because it's a colloquial phrase which is inaccurate, but it's a term a lot of people recognize and use. I would be happy to discuss this with you on the phone because it's too complicated for email. If you'd like to do that, feel free to call me at 310 922 3983. Good luck. Steve Mandell

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Answered on 9/05/16, 4:44 pm


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