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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27727
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: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


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

Customer: replied 1 year ago.
Driving record
Customer: replied 1 year ago.
It's not on my criminal record.
Expert:  Zoey_ JD replied 1 year 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 1 year 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 1 year 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.