Can I get a dismissed 23152(a) expunged from my DAC report?

Full question:

I got a 23152(a) on 6/15/2001 dismissed on 8/15/2001 and put on my USIS (DAC report). I need to get this expunged off my record. Is this possible? I understand it does not come off my driving record but it would come off my DAC report. How long would this take and what would the cost roughly be?

  • Category: Criminal
  • Subcategory: Expungement of Criminal Records
  • Date:
  • State: California

Answer:

To expunge a DUI from your record, the court may grant relief if:

  • You successfully completed the term of probation.
  • All fines, restitution, and court-ordered requirements were paid and completed on time.
  • You are not currently on probation for another offense.
  • You have no new pending cases.

Filing fees and court schedules vary, so it's best to contact the clerk of courts for specific fees and timeframes.

Regarding your DAC report, you can request a free copy of it once a year from USIS Commercial Services. Additional copies may cost $9.50. You can reach them at or by mail:

USIS Commercial Services Division
Attn: Consumers Department
4500 S. 129th E. Ave., Suite 200
Tulsa, OK 74

In California, under CA Penal Code § 1203.4, if you meet the requirements, you can petition the court to withdraw your guilty plea or set aside a verdict. The court will then dismiss the charges, which can relieve you of penalties related to the conviction. However, some restrictions apply, such as not being able to own firearms or hold public office due to the conviction.

Costs associated with the petition may include reimbursement for court services, which can be up to one hundred twenty dollars ($120). The prosecuting attorney must be notified 15 days before the petition is filed, and if they do not object, they cannot later contest the dismissal.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To check if your criminal record has been expunged, you can request a copy of your criminal record from the court where your case was handled. Additionally, you can contact the state’s Department of Justice or equivalent agency, which may provide information on your expungement status. It's advisable to have your case number and personal identification ready when making the request.