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California law allows a person who has been convicted of a DUI (or “wet reckless”) to have that DUI expunged. A California DUI expungement is a legal process where one can withdraw their plea or finding of guilt, enter a not guilty plea, and order the case dismissed. The decision to grant or deny the petition to expunge a DUI is at the discretion of the judge and the decision may be opposed by the district attorney’s office for the relevant county. If the motion is opposed, the district attorney will have to file a formal written motion and a court hearing will be scheduled to hear the merits of the case. Should this occur, it is important that an attorney attend the hearing and argue on your behalf.
Once granted, a DUI expungement changes and updates the disposition of the case to reflect a dismissal under Penal Code 1203.4. This means that the court file, the California Department of Justice, and the FBI update their files to reflect that a plea of “not guilty” has been entered and that the case has been ordered set aside and dismissed by the court.
After your misdemeanor is expunged, you will be eligible for our Criminal Record Database Update service and we can update your criminal record with over 600 different private background check companies. This will greatly increase the likelihood of passing future employment background checks.
A DUI can be expunged under subsection (c ) of Penal Code 1203.4. PC 1203.4(c) provides that “if a defendant who was convicted of a violation listed in paragraph (1) [i..e dui and “wet reckless” convictions] petitions the court, the court in its discretion and in the interests of justice, may order the relief provided pursuant to subdivision (a) to that defendant.
In other words, in DUI and “wet reckless” cases, the court has complete discretion to grant or deny an expungement, even if you did not violate your probation in any way.
*Prices do not include court filing fees. Fees vary from county to county and range from $0 – $150. For more information on filing fees for this service, please visit our California Court Expungement Fees page. Additionally, If you violated any of the terms of your probation there is an additional charge of $200.
There are a number of benefits to having your DUI or “wet reckless” conviction expunged. Most importantly, on an application for private employment, you can truthfully answer that you have never been convicted of a crime as long as all crimes that you have been convicted of have been expunged.
Your DUI expungement will not affect your obligation to disclose the conviction when applying for a state license. However, you may inform the licensing agency that you have had your DUI expunged and it will increase that likelihood that you are able to obtain the license.
Lastly, after your misdemeanor is expunged, you will be eligible for our Criminal Record Database Update service and we can update your criminal record with over 600 different private background check companies. This will greatly increase the likelihood of passing future private employment background checks.
* Note that because each case is unique and there are some procedural differences for each county in California your case may not follow our process outline exactly.
In most cases we do accept payments. However, all fees must be paid before the case is completed.
There are two reasons.
First, our firm does not include filing fees in our prices because many counties do not charge filing fees (other law firms don’t tell you this), and filing fees vary from county to county. It does not make sense to charge someone in Alameda or Riverside County (no filing fees) the same price as someone in Santa Clara County (filing fees are $150). Most of our competitors charge a flat rate, regardless of whether or not there are filing fees, and we do not believe this is fair to our clients.
Second, we do not include filing fees because many of our clients elect to file a request to have filing fees waived. If you are currently unemployed, or only working part-time, the court may determine that you do not need to pay any filing fees at all. This saves you money, and it is our goal to make the expungement process as painless and affordable as possible.
After the expungement is complete the court will change the disposition of the case to reflect a dismissal under 1203.4 of the Penal Code. The court clerk will then notify the California Department of Justice and the FBI and they will update their files to reflect a new plea of “not guilty” being entered and that the case has been ordered dismissed by the court. However, general commercial background searches, like most private employers conduct, will show no criminal record. At this point our office will send you a court order signed by a judge indicating that your record was expunged. We will also notify you of your eligiblity for our Criminal Record Database Update service, which we provide at a discounted rate for QikLaw clients.
Mr. Dicus personally reviews all cases and will only take a case if he believes that he will be able to obtain a favorable result. In the unlikely event that your case is denied, Mr. Dicus will evaluate the reason for the denial and determine the best way to proceed. If he determines that refiling is the best course of action then he will do so at no extra cost to you. If not, then you will receive your money back through our money back guarantee.
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Client was convicted of a misdemeanor DUI in 2010. Our office was retained to motion the court to end probation early and have the dui expunged for both employment and immigration purposes. At the same hearing in January, 2013, over the objection of the District Attorney, we convinced it was in the interests of justice to end probation early and expunge the DUI conviction.
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Our client had previously tried to expunge his misdemeanor DUI conviction himself, but his petition had been objected to by the District Attorney’s office and denied by the judge. We took the case and in less than 3 weeks we were able to get the judge to reconsider his previous ruling and grant the petition.
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Client was convicted of a DUI in 2010. Client was not a citizen of the United States, but had started the process of citizenship. He was told by his case investigator that his petition would be denied in 30 days unless he could show that he was no longer on probation. In just over 15 days, and over the strong objection of the District Attorney’s office, we convinced the judge to end terminate his probation early.
