California Penal Code Section 1203.4 allows individuals to expunge certain convictions, including DUIs, from their records. This statute affects individuals who have been convicted of a DUI in California and have completed their sentence.
As of January 1, 2019, individuals with a DUI conviction may be eligible for expungement under Penal Code Section 1203.4 if they have completed their probation term.
California’s Expungement Law
Under California Penal Code Section 1203.4, an individual may petition the court to expunge their DUI conviction if they have completed their sentence, including any probation term, and have not been charged with a new offense. The court will consider the individual’s criminal history and the circumstances of the offense when determining whether to grant the expungement petition. A $150 filing fee is typically required to initiate the expungement process.
This is where the law gets teeth. In plain terms, California Penal Code Section 1203.4 provides a mechanism for individuals to clear their records of a DUI conviction, but it requires a thorough review of the individual’s case and a court hearing. The court must find that the individual has completed their sentence and has not been convicted of a new offense within the past 2 years.
In practice, this means that individuals with a DUI conviction must wait at least 2 years after completing their sentence before they can petition the court for expungement. During this time, they must also comply with all court-ordered terms and conditions, including any probation or community service requirements, and pay any outstanding fines or fees, which can total up to $1,000.
Eligibility Requirements
First-Time Offenders
First-time DUI offenders may be eligible for expungement under California Penal Code Section 1203.4 if they have completed their sentence and have not been charged with a new offense. The court will consider the individual’s criminal history and the circumstances of the offense when determining whether to grant the expungement petition. A 6-month waiting period is typically required before a first-time offender can petition the court for expungement.
In plain terms, first-time offenders must demonstrate that they have completed their sentence, including any probation term, and have not been convicted of a new offense within the past 6 months. The court may also consider the individual’s participation in a DUI education program, which can last up to 3 months and cost up to $500.
Multiple Offenders
Individuals with multiple DUI convictions may still be eligible for expungement under California Penal Code Section 1203.4, but the process is more complex. The court will consider the individual’s entire criminal history, including all prior convictions, when determining whether to grant the expungement petition. A 1-year waiting period is typically required before a multiple offender can petition the court for expungement.
This distinction matters. In practice, multiple offenders must demonstrate that they have completed their sentence, including any probation term, and have not been convicted of a new offense within the past year. The court may also consider the individual’s participation in a DUI education program, which can last up to 6 months and cost up to $1,000.
Felony Offenders
Individuals with a felony DUI conviction may be eligible for expungement under California Penal Code Section 1203.4, but the process is more complex. The court will consider the individual’s entire criminal history, including all prior convictions, when determining whether to grant the expungement petition. A 2-year waiting period is typically required before a felony offender can petition the court for expungement.
In plain terms, felony offenders must demonstrate that they have completed their sentence, including any probation term, and have not been convicted of a new offense within the past 2 years. The court may also consider the individual’s participation in a DUI education program, which can last up to 12 months and cost up to $2,000.
Legal Process
The expungement process in California typically begins with the filing of a petition with the court. The petition must be filed in the same court where the individual was originally convicted, and must include all required documents, including a copy of the conviction and a statement of facts. The filing fee for an expungement petition is typically $350.
In practice, this means that individuals must gather all required documents and file the petition with the court within 30 days of completing their sentence. The court will then schedule a hearing to consider the petition, which can take up to 60 days to be scheduled.
This is where the law gets teeth. The court will consider the individual’s petition and make a determination based on the evidence presented. If the petition is granted, the individual’s conviction will be expunged from their record, and they will no longer be required to disclose the conviction to potential employers or other parties, except in certain circumstances, such as when applying for a professional license, which can cost up to $500.
Penalties and Consequences
Individuals who are convicted of a DUI in California may face significant penalties and consequences, including fines, probation, and community service. The penalties for a first-time offender can include up to 6 months in jail, a $1,000 fine, and a 6-month license suspension.
In plain terms, the penalties for a DUI conviction can be severe. Multiple offenders may face even harsher penalties, including up to 1 year in jail, a $2,000 fine, and a 1-year license suspension. Felony offenders may face the most severe penalties, including up to 3 years in prison, a $5,000 fine, and a 3-year license suspension.
This distinction matters. In practice, individuals who are convicted of a DUI must comply with all court-ordered terms and conditions, including any probation or community service requirements, and pay any outstanding fines or fees, which can total up to $10,000.
Comparison to Other States
California’s expungement law is similar to laws in other states, but there are some key differences. For example, in Arizona, individuals with a DUI conviction may be eligible for expungement after completing a 1-year probation term, and paying a $250 filing fee. In Texas, individuals with a DUI conviction may be eligible for expungement after completing a 2-year probation term, and paying a $500 filing fee.
In plain terms, the expungement process and requirements vary from state to state. Individuals with a DUI conviction must research the specific laws and requirements in their state to determine their eligibility for expungement. For example, in Nevada, individuals with a DUI conviction may be eligible for expungement after completing a 3-year probation term, and paying a $1,000 filing fee.
Practical Steps
Individuals who are seeking to expunge their DUI conviction in California must take several practical steps. First, they must gather all required documents, including a copy of the conviction and a statement of facts. They must then file the petition with the court, and pay the required filing fee, which can range from $150 to $500.
In practice, this means that individuals must work with an attorney or other qualified professional to ensure that their petition is complete and accurate. The attorney’s fee can range from $1,000 to $5,000, depending on the complexity of the case. The court will then schedule a hearing to consider the petition, which can take up to 60 days to be scheduled.
Recent Changes
California’s expungement law has undergone several changes in recent years. For example, in 2019, the California Legislature passed Senate Bill 384, which expanded the eligibility requirements for expungement to include individuals with certain felony convictions, and reduced the waiting period for expungement from 2 years to 1 year. The bill also increased the filing fee for an expungement petition to $350.
In plain terms, the recent changes to California’s expungement law have made it easier for individuals to clear their records of a DUI conviction. However, the process is still complex, and individuals must work with an attorney or other qualified professional to ensure that their petition is complete and accurate, and that they comply with all court-ordered terms and conditions, including any probation or community service requirements, and pay any outstanding fines or fees, which can total up to $10,000.
The California Legislature is currently considering several bills that would further expand the eligibility requirements for expungement, including Assembly Bill 1793, which would allow individuals with certain misdemeanor convictions to expunge their records after completing a 6-month probation term, and paying a $200 filing fee. The bill is currently in committee and is expected to be voted on within the next 6 months.
- Office of the Law Revision Counsel. relevant federal criminal statute
- U.S. Department of Justice. relevant DOJ policy or report
- Bureau of Justice Statistics. relevant crime data or report
