Does a DUI in California stay on my criminal record?

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Question:

Does a DUI in California stay on my criminal record?

Answer:

A California DUI conviction (first offense) is a misdemeanor which carries some serious penalties: up to one year in jail, a fine of $600 to $2,100, and a license suspension for 90 days.  If there was an accident with injuries or fatalities, the offense may be a felony carrying much stiffer penalties including time in prison instead of jail.

If you are convicted of drunk driving, you will have a criminal record.  That conviction may stay on you criminal record forever; it will stay on your driving record for 10 years.  There are no exceptions to the length of time it remains on your driving record.

If you have a DUI conviction on your criminal record, you should be proactive and get the conviction expunged if possible.  If your conviction was a misdemeanor, you are not facing any current charges, and you are not on probation for another offense, California law allows you to have that record expunged.  Note that this is not the case if you served your time in state prison.  If you did not have to serve probation for your DUI, then you can petition for expungement one year after conviction.  An attorney can assist you with your expungement, and if successful, your record will be cleared as far as creditors and employers are concerned.

The record does not disappear completely, and will always be visible to law enforcement.  If you have been arrested for a DUI in California, contact an attorney as soon as possible.  He/she may be able to help with possible defenses to the original charge.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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