Legal Question in DUI Law in California
Can record of a 2006 DUI in San Diego, CA be sealed?
2 Answers from Attorneys
If the conviction was when you were a juvenile, you can attempt to seal a juvenile record. As an adult, you cannot seal a conviction, but must attempt to expunge a conviction pursuant to 1203.4 p.c.
Sealed? If it was a juvenile conviction, yes. Not if it was an adult conviction. However, many felony and misdemeanor convictions like yours [not infractions] can sometimes be 'expunged' by proper application and Petition 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 licensing agency and employer then can decide whether you are barred from licensing and 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.