At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 886-6333

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Law Offices of Aaron Bortel

Who Is Eligible For A DUI Expungement In California?

There are a couple of ways to get an expungement after you’ve been convicted of a DUI in California. Regardless of where you live in Northern California, the expungement would happen in the county where you were convicted. For example, if you live outside of Marin County but were arrested in Marin County, then your expungement would happen in Marin County.

There are two ways to obtain an expungement. The first is to wait until probation is over. In Marin County, a misdemeanor probation for a DUI or a wet reckless typically lasts for three years. At that point, we would file a motion to expunge under Penal Code Section 1203.4. The second way is to try to obtain the expungement before probation is over. We may try this if you have a compelling reason as to why you need the expungement before the completion of probation, such as an immigration-related issue or trouble finding employment. Once 18 months to two years’ worth of probation have been served, we would file two motions: one to terminate the probation early, and one for the expungement.

To be eligible, you must have complied with your probation terms, which may include paying fines, completing DUI school, paying restitution, and completing time in the Adult Offender Work Program (AOWP). If you were to pick up any additional charges, then you would be disqualified from receiving an expungement. This is one reason it is important to apply for an expungement as soon as possible; a new charge could be unexpectedly picked up at any time and preclude you from obtaining an expungement.

Aaron Bortel

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