Expunging a DUI From Your Record in San Diego: Step-by-Step Guide
A DUI conviction in San Diego can follow you long after you’ve paid fines, completed probation, or served your sentence. It can affect job applications, professional licenses, housing, and even your reputation. The good news? In many cases, you may be eligible to expunge your DUI from your record, removing the conviction from public view and giving you a fresh start.
What Does DUI Expungement Mean?
Expungement is a legal process that allows you to withdraw your guilty or no contest plea, or set aside a guilty verdict, and have the case dismissed.
While expungement doesn’t completely erase your history (law enforcement and courts can still see it), it does mean:
- Employers running a background check will no longer see a conviction.
- You can legally say you haven’t been convicted of a DUI in most situations.
- Your record shows a “dismissal” instead of a conviction.
Who Qualifies for DUI Expungement in San Diego?
Not everyone is eligible. Under California Penal Code 1203.4, you may qualify if:
- You successfully completed probation for your DUI.
- You did not serve time in state prison.
- You are not currently facing other criminal charges or serving another sentence.
If your DUI involved probation violations or multiple offenses, eligibility may be more complex, but a lawyer can often still help.
Guide to Expunging a DUI in San Diego
Step 1: Confirm Eligibility
Review your conviction details and probation terms. If you’re unsure, a DUI lawyer can determine whether you qualify.
Step 2: File a Petition
You must file a petition for expungement in the San Diego County court where your DUI case was handled. This typically includes:
- Court forms requesting expungement.
- Case information (case number, conviction details).
- Filing fees (or a request for a fee waiver).
Step 3: Notify the District Attorney
The DA’s office will review your petition. In some cases, they may object, especially if there were probation violations or repeat offenses.
Step 4: Court Review
A judge will review your petition and, in some cases, hold a hearing. If granted, the judge allows you to withdraw your plea and enter a not-guilty plea, and then dismisses the case.
Step 5: Update Your Record
Once approved, the court updates your record. The DUI will no longer appear as a conviction in most public background checks.
How Long Does the Process Take?
Expungement in San Diego usually takes 2 to 6 months from filing to completion, depending on the court’s workload and whether the DA raises objections.
Why Hire a San Diego DUI Lawyer for Expungement?
While you can file on your own, expungement can be complicated. Mistakes in paperwork or eligibility arguments can cause unnecessary delays or denials. An experienced DUI lawyer can:
- Confirm eligibility before you start.
- File correctly and on time.
- Represent you if a hearing is required.
- Maximize your chances of approval.
A Fresh Start Is Possible
A DUI doesn’t have to define your future. If you meet the requirements, expungement can clear your record and open doors to new opportunities.
Contact San Diego DUI lawyer, Rick Mueller, today to find out if you qualify for expungement. He has helped countless clients in San Diego move forward with a clean slate and he can help you do the same.
Expunging a DUI From Your Record in San Diego: Step-by-Step Guide