Robert Miller reached out to me to share a bit about the expungement process. It's not a part of gotten to yet (I'm still on my probation) but hope to do someday. Valuable information that I have found very useful in the hopes of moving on. Hopefully Robert will help me out when the time comes.- Tom.

How often are DUI cases expunged in California?

If you have been convicted of a DUI, clearing your record is a worthy goal that most people will have.An expungement of a California DUI would help clear your criminal record. So you may wonder how often DUI cases are expunged in California.

As it becomes easier and easier for potentially employers to obtain digital records of convictions, and as the job market makes job applications more competitive, it is easier and easier for employers to screen out the candidates with a criminal record, which leaves those with a DUI with less and less available jobs to even compete for.For those reasons, if you have a DUI on your record, expunging it from your record is something you would want to accomplish as rapidly as possible.

What exactly is on my record after a DUI?

It’s important to realize that when speaking about a “record”, that in California, after a DUI conviction you actually have two different records that your DUI shows up on.

The first is your criminal record.A criminal record will show your arrest, the case number, and the sentence (or what is called the “disposition” on a criminal record).

The second is the driving record.The driving record will show points from a DUI conviction, whether a wet reckless or a DUI, or any accident or other related traffic tickets.Any alcohol related conviction will show as a notification on your driving record, and will show the date of offense, the date of conviction, and any DMV actions related to the DUI or alcohol related offense, and the also any filings of an SR22 for insurance purposes.

A criminal conviction stays on your criminal record for life, unless it’s expunged, or pardoned by the Governor of California.It never automatically “drops off”, like items on your credit report.It can only be used against you for purposes of alleging a prior DUI for ten years, but it’s still on your record, even after that ten-year period.

Any driving record notation also stays on your record for life.It can only be used to increase insurance for three years.The points from any tickets, accidents, or court convictions can only be used against you by the DMV for a three-year period to suspend your license. But the DMV keeps track of your lifetime points for their “negligent operator” program, which is used to pull the licenses of the most serious driving offenders. There is no way to expunge your driving record, only your criminal record.

What exactly is an expungement in California?

An expungement is a motion to the court that, once granted, retroactively dismisses your case from your criminal record. There are some things that by law, an expungement cannot help you with, namely preventing criminal charges for priors for future crimes, getting federal or state licenses, or contracting with the state or federal government.

How does someone qualify for an expungement of a DUI?

In order to get an expungement order granted, you need to first bring the motion. Most counties in California have a court form available online for applying for an expungement, and in addition to the form motion, you must also provide the order for the judge to sign (California has a form for these, Forms CR-180 & CR-181). A copy of your motion must also be mailed or delivered in person to the prosecutor.

You also must meet three requirements in order to get an expungement:

1. 1. You must be off probation.Either probation must have expired, or you must bring a motion to terminate probation early first.
2. 2. You must have completed all the terms of your sentence.The court will look at your court file and make sure that all fines are paid, all alcohol schools are completed, and any community service, or special classes or punishment have been finished.
3. 3. You must not have any other cases pending, and you must not have any convictions after the conviction you are seeking to expunge.Any convictions would be a probation violation.

What does California law state about an expungement?

California’s expungement law, Penal Code 1203.4(a)(1) states:

“In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code.” (Emphasis added)

So, how often are DUI cases expunged in California?

I have bolded the sections of the law that state “shall” in the law above, because those are truly unusual in law.In most cases, and in most laws, the law explicitly gives a judge a decision to make, by stating that the judge “may, in his or her discretion”.

The expungement law is different because the use of the term “shall” means that the judge doesn’t have that discretion.As long as the person seeking an expungement meets the three requirements above, the judge has to grant the expungement petition.

As a result, a high rate of DUI cases are expunged.The only way to not get an expungement is either to not qualify by not meeting one of the three requirements above, or to not apply for one at all.

Author: This article was written by Robert Miller, an Orange County DUI Lawyer at the law firm of Miller & Associates in Newport Beach, California.

Tags: court, Dismissal, DUI, expungement, lawyers

When you’re driving down the road at 45 miles per hour and you hear the beep go off for your rolling retest you automatically grab the device and blow and hum just to make the thing shut up (it is very loud).

As you do this for months on end, you have to wonder - is this safe? And more importantly: is this really working?

Technically, you’re supposed to pull over to the side of the road to use the IID, but I can’t imagine anybody takes that much time to do it.

But is it effective?

In my own experiences, it did stop me from driving with alcohol in my system - if I knew I was going to end up having a few drinks, I’d grab a lyft and leave my car behind, because I didn’t want to have my car stuck somewhere where I couldn’t operate it.

But does it teach you anything?

The argument is that the Ignition Interlock teaches you to not drink and drive but not allowing it. I mostly learned to resent the damn thing going off and having to take a huge breath to blow into it (I think I did increase my lung capacity, though).

If you think that it doesn’t work, well, the California DMV, who forces the thing on you, released a study that agrees with you…

The results of this outcome study clearly show that IIDs are not effective in reducing DUI convictions or incidents for first DUI offenders, even those with high BACs at arrest. While their high blood alcohol levels suggest that they are an alcohol-dependent population, ignition interlock does not appear to be the answer to reducing their drinking and driving risk. This conclusion finds support in a study that interviewed drivers, and found that first offenders were more hostile to interlocks and regarded them as less useful, compared to repeat offenders (Baker, 1988). Because there is no evidence that interlocks are an effective traffic safety measure for first DUI offenders, the use of the devices EFFECTIVENESS OF IGNITION INTERLOCK IN CA 19 should not be emphasized, even for those first offenders with high BACs at the time of arrest, as is currently done in California Vehicle Code (CVC) Section 23575 (a)(1).

It's frustrating, for sure, but what can you do?

Just get through it, and move on.

Tags: breathalyzer, Driving suspension, DUI, IID

Both your criminal conviction and the conditions to reinstate your license (either restricted or full) will be that you carry proof of insurance. Easy right? You’ve always driven with insurance.

Unfortunately, that’s not what they’re looking for. Yes, you absolutely have to keep your current insurance (if they will keep you) but additionally you’re going to have to add an SR-22 to your policy.

Like most people, I didn’t know what an SR-22 was besides hearing about it on the radio ads for sketchy places that will insure you without a license. An SR-22 addition means that you’re a high risk driver in that you either got a DUI or into a serious accident. It’s just a proof that you have insurance and that your company knows that you’ve been in trouble before. The SR-22 itself isn’t insurance. It offers no additional coverage or protection. CA law requires you to keep it for 3 years, other states have similar polices and varying amount of times, but 3 years is the standard. Once that’s up, drop it from your policy.

Here’s the big “gotcha” of the whole thing: if you switch insurance companies and get a separate SR-22, your three years will start over. This is an incredibly easy mistake to make, don’t get caught up in it. Once you get your SR-22 you are free to change insurance companies, just make sure they do an SR-22 transfer. Then it will continue to count and you’ll be over it as quickly as can be.

Additionally, in California at least, the SR-22 is never a document that you will hold in your hand. You purchase it, then it’s sent to the DMV, and you’re given an estimation of when it will arrive. Not particularly helpful, but whatever. In a pinch I’m told it can be faxed in a matter of hours. In a world of instant gratification, this part is a complete hassle and frustration.

Getting the SR-22 isn’t hard, but it’s a pain. My insurance company has an app and reporting a claim is super easy, I don’t have to talk to people, it’s like ordering a pizza in this day and age. Unfortunately, there’s nowhere to get an SR-22 in the app. You have to call. Now that we have our technology, I hate to make the call, but you have to make the call. No insurance company (that I know of) allows you to get one over their website, or anything else. This also comes with them asking why you’re being required to get one. You gotta tell them, sadly. This is usually how your insurance finds out about your DUI, and adjusts their rates accordingly.

Can I get an SR-22 without telling my insurance company?

A common question. I looked into it. You actually can.

I don’t recommend it. I really don’t recommend it.

There’s two types of SR-22 - one for owners of a car, and one for non-owners. When you get your DUI you’re going to get all sorts of mailings from people saying that they can give you an SR-22 without telling your insurance company. They’re trying to sell you a non-owners SR-22 for the car that you own (leasing, etc. counts). They’re trying to tell you that it will be fine. It will not be fine.

First of all, the DMV knows whether you own a car or not. They’re going through your file already, it will be very easy for them to put 2 and 2 together when you go into the DMV to get your license reinstated with a form saying that you put an interlock device on your car, with an SR-22 that says that you don’t own a car. You laugh, but people have tried it.

Additionally, if you’re in an accident, all of your shit comes up, and it’ll be clear that you tried to get around it. Which would be a violation of your plea bargain, and that will get you in a world of trouble. In some states you are required to keep the SR-22 with your car. When you get pulled over in your car with a non-owner SR-22, well, it’s easy.

Basically, so many things can go wrong with this, it’s not even funny. I know you want to try to get away with something at this point because you feel that everybody’s turning the screws on you, but this isn’t it.

But the biggest thing is that non-owner SR-22s are really expensive. Anywhere from $75-100 a month.

Typically, your insurance will not raise your rates by near that amount.

It’s not worth it.

Tags: Insurance, SR-22