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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24533
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I received a DWI back in 2011. I was never convicted be

Customer Question

I received a DWI back in 2011. I was never convicted be cause the officer that stopped me was suspended the next day and then fired a week later. So, I never had to go to court since the police department didn't pursue any of his cases. Is there anything I could do to get the DMV to remove it from my record since I was never convicted?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.

Hello,

Are you asking about removing the arrest from your criminal record or from your driver's record?

Customer: replied 11 months ago.
Driving record
Customer: replied 11 months ago.
It's not on my criminal record.
Expert:  Zoey_ JD replied 11 months ago.

Thank you.

If it has been at least three years, during which you have not been charged with any other moving violation or any other crime involving a motor vehicle and you've never had your license suspended in the past or had probation for a previous DUI offense, the MVA may have already automatically removed this from your record.

If they did not, you'd have to apply for it by filling out a Request Form for Expungement and submit it to the Administrative Adjudication Division of the MVA.

Customer: replied 11 months ago.
I'm in California so it would be the DMV here (Department of Motor Vehicles). It's not on my criminal record so why would I need it expunged? I was never convicted of it. Are familiar with the DMV laws for California?
Expert:  Zoey_ JD replied 11 months ago.

I am not licensed in California. My research led me to a California site, but it appears the information was not entirely accurate. Generally driving records can only be corrected and not removed. However, I'll opt out for a California lawyer.