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A DUI conviction in California can affect both your criminal record and your driving record. While there may be options to seek relief from certain criminal record consequences after completing probation, the DUI may continue to affect your driving history for many years.
A DUI Can Appear on Two Different Records
A DUI conviction may appear on:
- Your criminal record
- Your California driving record
Each record is maintained separately and serves a different purpose.
Your Criminal Record
A person convicted of DUI is generally placed on court probation for a minimum of three years.
After successfully completing probation, it may be possible to petition the court for an expungement under California law if the individual meets the legal requirements. An expungement does not erase the conviction but may allow the conviction to be dismissed in accordance with California Penal Code section 1203.4.
Obtaining an expungement may change how the conviction appears in many criminal background checks. However, the conviction may still be considered in certain situations permitted by law, including future DUI prosecutions.
Early Termination of Probation
A person who obtains early termination of probation may become eligible to seek an expungement sooner.
Courts may be reluctant to terminate probation early in many first-time DUI cases because informal probation generally does not require regular reporting to a probation officer.
Whether early termination is granted depends on the facts of the case and the court's discretion.
Your California Driving Record
A DUI conviction generally remains on a person's California driving record for at least 10 years.
Even if a court grants an expungement of the criminal conviction, the DUI generally continues to appear on the DMV driving record during the applicable reporting period.
The California DMV maintains driving records separately from criminal court records.
Understanding the Difference
A common misconception is that an expungement removes every record of a DUI.
Criminal court records and DMV driving records are separate. Relief granted by the criminal court does not automatically remove a DUI from a person's driving record.
Understanding this distinction can help individuals better understand the long-term consequences of a DUI conviction.
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