A Simmons & Wagner DUI Defense Guide
A DUI conviction can feel like a shadow that follows you everywhere—on job applications, background checks, housing opportunities, and even professional licensing. But in California, you may have a powerful tool for a fresh start: expungement.
At Simmons & Wagner, we help clients close the chapter on past mistakes and reclaim control of their futures. Whether your DUI was a one-time lapse in judgment or part of a difficult chapter in life, expungement can open doors that a conviction once closed.
This guide explains who qualifies, how the process works, what expungement can (and cannot) do, and why having an attorney matters.
What Is a DUI Expungement in California?
A DUI expungement allows you to withdraw your plea of guilty or no contest, or set aside a guilty verdict, and have the case dismissed. The conviction doesn’t disappear from your record entirely—but it is legally marked as dismissed, and you can lawfully say you were not convicted of the offense in most situations.
This is one of the most valuable forms of post-conviction relief available under California law.
Who Is Eligible for DUI Expungement?
Expungement is available for most misdemeanor DUIs and many felony DUIs. You are generally eligible if:
1. You successfully completed probation.
This includes finishing DUI classes, paying fines, completing community service, and complying with all court-ordered terms.
2. You are not currently facing new criminal charges.
3. You are not on probation for another case.
4. You did not serve state prison time.
County jail sentences are still eligible. State prison sentences typically require other forms of relief.
5. You have completed all required waiting periods.
Most people qualify immediately after finishing probation, but timelines vary depending on the county and case.
If you’re unsure whether you qualify, Simmons & Wagner can review your record and determine your eligibility quickly.
The DUI Expungement Process: Step-by-Step
While every county handles expungements differently, the process generally includes:
1. Reviewing Your Case
Your attorney examines the conviction details, probation status, court documents, and completion records.
2. Filing the Petition for Dismissal
This involves preparing and filing:
- A petition for expungement (PC §1203.4)
- Supporting declarations
- Proof of completion of all court requirements
- Any required filing fees
Errors or missing documents can delay or weaken your petition, so attention to detail is critical.
3. Prosecutor Review
The District Attorney or City Attorney may respond. In some cases, they agree. In others, they may challenge expungement based on:
- Prior DUI history
- Probation violations
- Severity of the original case
This is where skilled legal arguments make a major difference.
4. Court Hearing (If Required)
Some counties require a hearing, while others grant expungement based solely on written submissions. If a hearing is held, your attorney argues:
- Why you should receive relief
- How you’ve complied with all requirements
- How expungement serves justice and rehabilitation
5. Judge’s Decision
If granted, your conviction is legally changed to dismissed under PC §1203.4. Your criminal record will reflect this change.
Timeline: How Long Does Expungement Take?
On average, DUI expungements in California take between 6 weeks and 4 months, depending on:
- The county
- Court backlog
- Whether objections are raised
- The completeness of your petition
Faster results are possible with properly prepared filings and proactive follow-up.
The Benefits of Expunging a DUI
Expungement offers meaningful benefits that can change the direction of your life:
✔ Protection During Job Applications
In most private-sector applications, you may lawfully answer “No” to questions about criminal convictions.
✔ Improved Professional Licensing Opportunities
Many boards view expungement as proof of rehabilitation.
✔ Better Housing and Rental Options
Landlords often weigh “dismissed” cases more favorably.
✔ Peace of Mind and Personal Closure
Expungement helps you move forward without the weight of a past mistake.
✔ Enhanced Perception During Background Checks
Your record will show the charge as dismissed, not “convicted.”
For many clients, this is the clean slate they’ve been waiting for.
What Expungement Cannot Do
While expungement is powerful, it’s important to understand its limits:
❌ It does not erase the DUI from your DMV driving record.
DMV records are separate and used for insurance and priorability.
❌ It does not automatically restore gun rights (if restricted).
❌ It does not remove a DUI “prior” for future DUI enhancements.
If you get another DUI within the 10-year lookback period, the expunged DUI still counts.
❌ It does not hide the conviction from government agencies.
❌ It does not prevent immigration consequences in every case.
Though it can help demonstrate good moral character.
❌ It does not guarantee job approval in fields requiring fingerprinting or security clearance.
Knowing these limitations prevents misunderstandings and builds realistic expectations.
Why You Should Have an Attorney Handle Your DUI Expungement
While California law allows individuals to file expungements on their own, the process is full of legal traps:
- Incorrect filings
- Court rejections
- Missed objections from prosecutors
- Lack of legal argument
- Delays due to incomplete records
The attorneys at Simmons & Wagner ensure your petition is:
- Legally sound
- Thorough
- Filed correctly
- Strategically argued
This dramatically increases the likelihood of a successful dismissal.
Ready to Clear Your Record? Simmons & Wagner Can Help.
A DUI doesn’t have to define your future. Whether your goal is better employment opportunities, professional advancement, or simply peace of mind, expungement is a major step toward rebuilding your life.
If you want to find out whether you’re eligible—or if you’re ready to begin the process—contact Simmons & Wagner today. Our experienced DUI defense team will guide you every step of the way and fight for the fresh start you deserve.