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Can a DWI be Expunged?

A Driving While Intoxicated (DWI) conviction can have lasting consequences on your life, affecting employment opportunities, housing, professional licensing, and personal reputation. While the legal penalties might be temporary, the presence of a DWI on your record can create obstacles for years to come.

In California, expungement offers individuals the chance to clear certain convictions, including some DWIs, from their criminal record. This process allows you to move forward without the stigma of a conviction holding you back. However, not all cases are eligible for expungement, and the process can be complex.

At the Rodriguez Law Group, Los Angeles expungement attorneys help individuals navigate the legal steps necessary to pursue expungement successfully. Contact us at (213) 995-6767 for a free case evaluation to explore your options.

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What Is Expungement?

Expungement is a legal process that clears eligible convictions from a person’s criminal record. In California, expungement under Penal Code § 1203.4 allows a court to withdraw a guilty plea or set aside a conviction after the successful completion of probation.

Key Features of Expungement:

• Removes the conviction from public criminal records.
• Allows individuals to legally state they have not been convicted of the expunged offense in most situations, such as job applications.
• Restores certain civil rights and opportunities.

However, expungement is not the same as a pardon or record sealing. While it clears the record for public purposes, expunged convictions may still be visible to law enforcement and certain licensing boards.

Eligibility for DWI Expungement

To qualify for DWI expungement in California, you must meet specific eligibility requirements. These include:

1. Completion of Probation:
   You must have completed all terms of your probation, including fines, community service, alcohol education programs, and other conditions set by the court.
2. No New Criminal Offenses:
   Your record must remain clean during the probation period. Any new arrests or convictions can disqualify you from seeking expungement.
3. Misdemeanor vs. Felony:
   Misdemeanor DWI convictions are generally eligible, while felony DWIs require additional steps, such as applying for a reduction to a misdemeanor under Penal Code § 17(b).

Ineligibility Factors:
Certain circumstances may render a DWI ineligible for expungement, such as:

• Repeat offenses or habitual offenders.
• DWIs involving severe injuries, death, or hit-and-run incidents.

Consulting with an attorney is crucial to determine whether your case qualifies for expungement.

The Expungement Process

The expungement process in California involves multiple steps, each of which must be completed accurately to ensure success.

Steps to Expunge a DWI Conviction:

1. Petition the Court: File a formal petition with the court that handled your case. Include documentation proving you fulfilled probation and complied with court orders.
2. Notify Relevant Parties: Serve the district attorney and other interested parties with a copy of the petition.
3. Court Review: The court will review your case to determine whether you meet the eligibility criteria. A hearing may be required in some cases.
4. Judge’s Decision: If approved, the court will withdraw your guilty plea or set aside the conviction, effectively expunging it from your record.

Timeline:
The expungement process typically takes a few months but varies depending on court schedules and case complexity.

Can You Expunge a Felony DWI?

Expunging a felony DWI is more challenging than a misdemeanor due to the seriousness of the offense. However, it may still be possible in certain circumstances.

Steps to Expunge a Felony DWI:

1. Reduction to Misdemeanor: Apply to have the felony reduced to a misdemeanor under Penal Code § 17(b).
2. File for Expungement: Once reduced, the misdemeanor conviction can be expunged under Penal Code § 1203.4.

Challenges:
Felony DWIs involving aggravating factors, such as injuries or excessive BAC levels, may not qualify for expungement. In these cases, other remedies, such as a certificate of rehabilitation, may be more appropriate.

Benefits of Expunging a DWI Conviction

Expungement offers significant benefits for individuals looking to rebuild their lives after a DWI conviction.

Practical Benefits:

• Improved Employment Opportunities: Employers often conduct background checks, and an expunged DWI will no longer appear on public criminal records.
• Housing Applications: Expungement increases eligibility for rental housing, as landlords may reject applicants with criminal convictions.
• Professional Licensing: Certain licensing boards may reconsider applications or reinstate licenses for individuals with expunged records.

Emotional Benefits:

• Expungement provides peace of mind and helps restore personal and professional reputations.

What Expungement Does Not Do?

While expungement offers many benefits, it does have limitations.

What Expungement Does Not Change:

1. DMV Records: Expungement does not remove a DWI from your driving record, which remains visible to the Department of Motor Vehicles (DMV).
2. License Reinstatement: Expungement does not restore a suspended or revoked driver’s license.
3. Background Checks by Law Enforcement: Expunged records are still accessible to law enforcement and the courts.

Understanding these limitations ensures realistic expectations about the impact of expungement.

Alternatives to Expungement for DWI Convictions

If you are ineligible for expungement, other legal options may help mitigate the effects of a DWI conviction.

1. Record Sealing:
   Certain records, such as arrests without convictions, may be sealed to prevent public access.
2. Certificate of Rehabilitation:
   For individuals ineligible for expungement, a certificate of rehabilitation can demonstrate rehabilitation to employers and licensing boards.
3. Pardon Applications:
   Applying for a pardon from the governor is another option for clearing a criminal record, though it is less commonly granted.

These alternatives provide additional avenues for individuals seeking to move past their DWI conviction.

Expungement vs. Record Sealing: What’s the Difference?

While expungement and record sealing both aim to minimize the impact of a criminal record, they serve different purposes and have unique legal effects.

Expungement:

• Removes a conviction from public criminal records.
• Allows individuals to legally state they have not been convicted in most situations, such as job applications.
• The conviction remains accessible to law enforcement and certain licensing boards.

Record Sealing:

• Seals arrest records or cases that did not result in a conviction, preventing public access.
• Does not remove a conviction but may protect sensitive information in specific situations.

For individuals whose cases were dismissed or dropped, record sealing may provide an effective alternative to expungement.

Does Expungement Erase the DWI Completely?

Expungement clears a DWI conviction from public criminal records, but it does not completely erase all traces of the offense.

What Expungement Accomplishes:

• Removes the conviction from databases accessible by employers, landlords, and the general public.
• Allows individuals to answer “no” to questions about criminal convictions in most cases.

What Expungement Does Not Change:

• Driving Records: The DWI remains on your driving record, visible to the DMV and insurers.
• Law Enforcement Records: Police and courts retain access to the expunged conviction.
• Prior Offense Status: Expunged convictions may still count as prior offenses in future cases, affecting sentencing or penalties.

Understanding these nuances ensures realistic expectations when pursuing expungement.

How Employers View Expunged DWI Convictions

One of the primary reasons individuals seek expungement is to improve employment prospects. Employers in many industries conduct background checks, and a criminal record can be a significant barrier to securing a job.

Benefits of Expungement for Employment:

• Expunged convictions do not appear on standard background checks conducted by private employers.
• Most employers are prohibited from considering expunged records in hiring decisions.
• You are legally allowed to state you have not been convicted of the expunged offense in most job applications.

Exceptions:

• Government agencies, law enforcement, and certain licensing boards may still access expunged records.
• Jobs requiring security clearances or trust positions may still consider expunged convictions.

Expungement can open doors to new opportunities but may have limitations depending on the industry.

The Role of Probation in DWI Expungement Eligibility

Completing probation is a key requirement for expunging a DWI conviction in California. Probation terms vary based on the severity of the offense and may include:

Common Probation Requirements:

• Payment of fines and restitution.
• Completion of alcohol education or treatment programs.
• Compliance with ignition interlock device (IID) requirements.
• Abstaining from alcohol or drug use.

Violations and Their Impact on Expungement:
If you violate the terms of your probation, your eligibility for expungement may be compromised. However, some courts may still grant expungement for minor violations, depending on the circumstances.

Ensuring full compliance with probation terms increases the likelihood of a successful expungement petition.

Impact of Expungement on Professional Licensing

A DWI conviction can jeopardize professional licenses in fields such as healthcare, law, real estate, and transportation. Expungement can help mitigate these consequences but does not guarantee automatic restoration of licensing rights.

How Expungement Helps:

• Demonstrates rehabilitation and compliance with legal requirements.
• May improve your chances of reinstatement or approval during license reviews.
• Expunged records may not be considered by some licensing boards.

Limitations:

• Certain boards, such as the California State Bar, may still consider expunged convictions in character assessments.
• Regulatory agencies have discretion in determining how to treat expunged records.

Consulting with an attorney experienced in professional licensing cases can help navigate the process effectively.

How Long Does a DWI Stay on Your Driving Record?

Even if a DWI is expunged from your criminal record, it remains on your driving record, which is maintained separately by the Department of Motor Vehicles (DMV).

Key Facts About DWIs and Driving Records:

• A DWI typically stays on your driving record for 10 years in California.
• During this period, the offense may contribute to points on your license and higher insurance premiums.
• Expungement does not affect the DMV’s records or related consequences.

Addressing the DMV-related impacts of a DWI requires separate legal action, such as challenging license suspensions or seeking restricted driving privileges.

Can Expunged DWIs Affect Insurance Rates?

Car insurance rates are heavily influenced by driving records, which are not impacted by expungement. While clearing a criminal record is beneficial for employment and housing, it does not directly lower insurance costs.

Why Insurance Rates Remain High:

• Insurers base premiums on driving records, not criminal records.
• A DWI stays on your driving record for up to 10 years, signaling higher risk to insurers.

Reducing Insurance Costs:

• Maintaining a clean driving record after the DWI can gradually lower premiums.
• Completing defensive driving courses may qualify you for discounts.

While expungement won’t affect insurance rates, it can still provide significant benefits in other areas of life.

Expungement for First-Time vs. Repeat Offenders

The likelihood of expungement depends heavily on whether the DWI is a first-time offense or part of a pattern of repeated violations.

First-Time Offenders:

• More likely to qualify for expungement if probation is successfully completed.
• Courts are generally more lenient toward individuals with no prior criminal history.

Repeat Offenders:

• May face additional challenges in seeking expungement, especially for felony DWIs.
• Demonstrating rehabilitation through certificates or treatment programs can strengthen a petition.

Navigating the expungement process as a repeat offender requires careful legal strategy and a strong case for rehabilitation.

Expungement as Part of Rehabilitation

Expungement serves as a key milestone in the rehabilitation process, providing individuals with the opportunity to move forward after a DWI conviction.

How Expungement Supports Rehabilitation:

• Removes barriers to employment, education, and housing, promoting financial stability.
• Demonstrates accountability and compliance with legal requirements.
• Reduces stigma associated with a criminal record, helping individuals reintegrate into society.

Pursuing expungement not only clears your record but also reflects your commitment to positive change and personal growth.

Frequently Asked Questions (FAQs)

1. Can I expunge a DWI if I refused a chemical test?
   Yes, but refusal cases may face additional scrutiny depending on the circumstances and whether you completed probation successfully.
2. How long does it take to expunge a DWI in California?
   The process typically takes three to six months, depending on court schedules and case complexity.
3. Does expungement remove the DWI from my driving record?
   No, expungement clears your criminal record but does not affect your DMV record or associated points.
4. Will expungement affect my car insurance rates?
   Not directly, as insurers often base rates on driving records, not criminal records. However, clearing a DWI conviction can still improve your overall standing with potential employers or landlords.

Take the First Step Toward Clearing Your Record

Ambrosio E. Rodriguez, Los Angeles Expungement Attorneys

A DWI conviction doesn’t have to define your future. With the right legal guidance, you can explore expungement and other remedies to minimize the impact of a conviction. At the Rodriguez Law Group, we have the experience to help you navigate the expungement process and secure a fresh start.

Call us today at (213) 995-6767 for a free case evaluation and take the first step toward clearing your record. Let us help you move forward with confidence and clarity.

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