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BizAttorney, Attorney
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California DMV told me the suspensions related to DUIs in

Resolved Question:

California DMV told me the suspensions related to DUI's in 2001 and 2004 will remain on my DMV record for 13 years. Reason given was 2 DUI's, the second still inside the probationary period. I cannot find that provision in my research. Does this ring any bells?
Submitted: 1 year ago.
Category: Legal
Expert:  BizAttorney replied 1 year ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight. They may be referring to the 10 year period instead.

BizAttorney :

23217. The Legislature finds and declares that some repeat
offenders of the prohibition against driving under the influence of
alcohol or drugs, when they are addicted or when they have too much
alcohol in their systems, may be escaping the intent of the
Legislature to punish the offender with progressively greater
severity if the offense is repeated one or more times within a
10-year period. This situation may occur when a conviction for a
subsequent offense occurs before a conviction is obtained on an
earlier offense.

BizAttorney :

Your DUI will stay on your record until 2014.

BizAttorney :

The vehicle code is online if you would like to read it. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=23152-23229.1

BizAttorney :

It stays on for 10 years because it is the only way they can track if you get another dui within the 10 year period.

BizAttorney :

So the 2001 dui is on your record, then you get one in 2004 and they both will stay on your record until 10 years passes without you having one.

BizAttorney :

You can apply for a discretionary expungement after probation is over but they still would be usable as priors if you picked up a new case within that time period.

BizAttorney :

Will any of the DUIs drop off my record? No. But they only count as priors for ten years. While the general rule is Records are forever, some CA convictions including DUI can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn't disappear. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement, courts, background checks, insurance companies, etc. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may legally deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for licensing by any state or local agency, for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction.

BizAttorney :

That last paragraph is more for the lawsuit side though.

Customer:

Why would my "suspension" in 2001 stay on my DMV record until 2014 (the conviction for the 2001 offense has dropped off).

BizAttorney :

Was your suspension due to a DUI in 2001?

Customer:

Yes.

BizAttorney :

Thank you, XXXXX XXXXX why it stayed on your record then. They keep all DUI's on your DMV record. Then, if you have more than 1 every 10 years, it is easily seen and consequently the punishment is more severe.

BizAttorney :

The DUI never just 'drops off' of the records. You have to take action in order to get it removed.

Customer:

OK, DMV can do what it wants...that is the botXXXXX XXXXXne?

BizAttorney :

It is the State, but yes, it is set up to monitor dui's and punish accordingly.

BizAttorney :

You have more options available to you in 2014 though so long as you don't get another one.

Customer:

The reason I am asking is because I want to know what DMV records that prospective employers would see. It sounds like I need to wait until 2013 (not 2014...sorry) for the 2001 suspension to drop off.

BizAttorney :

Yes that is correct.

Customer:

No... 2014...sorry

BizAttorney :

That is ok.

Customer:

OK, I consider myself punished. Haven't had a drink since 2004. Will not drink again.

BizAttorney :

Good for you! I'm sorry I didn't have better news for you.

BizAttorney :

Did you have any other questions?

Customer:

No, I just wanted to be sure I wasn't getting special "extra screwed" treatment. I'll leave you positive feedback.

BizAttorney :

Thanks so much. Have a great night and please come back if you ever need us.

BizAttorney, Attorney
Category: Legal
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Experience: Over 12 years of business and legal experience.
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