How to Expunge a DUI
Having a conviction for driving under the influence (DUI) can lead to difficulty obtaining and retaining employment, inability to obtain certain state licenses, and loss of reputation. A DUI does not go away with the passage of time but can stay on your record indefinitely. Fortunately states like California have permitted individuals who were convicted of DUI to mitigate the effects of their convictions by having them expunged from their record.
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Instructions
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Obtain your court file (known as "docket" in Los Angeles County) from the clerk of the court where you were convicted. Otherwise obtain your rap sheet from the Department of Justice (DOJ).
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Write down the requested information on your expungement petition. In the allotted space on the expungement sheet, write down the state code number that prohibits DUIs in your state. You can find this number on your court file or DOJ rap sheet. In California this number is usually vehicle code number 23152. Pay the court fee or file the fee waiver forms along with the petition. If the conviction was a felony or you violated probation then complete a declaration.
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Send a copy of the petition to the prosecutor via mail or hand delivery by a person other than yourself who is at least 18 years old. That other person must fill out and sign a "Proof of Service" form that must be attached to the petition and filed with the court. If you have completed a declaration then the declaration must be submitted to the court along with the petition.
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Tips & Warnings
If the court grants your petition you should verify if your record has been changed. However, if the court does not grant your petition you may submit a request for reconsideration or file your petition again.
