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Sealing an Arrest Record for Drunk Driving

An arrest for driving under the influence can impact you for the rest of your life. Not only do you go to jail, you also face a suspended license, probation, fines, community service, higher insurance premiums and a criminal record.

While there is no requirement for an arrest, typically if an officer subjectively determines that a driver is impaired, they are arrested, even if they are not impaired. Subjective determination includes, but is not limited to, bloodshot and watery eyes, slurred speech—to name a few. Unfortunately, an officer can mistake allergies or lack of sleep for a symptom of intoxication.

As a criminal defense attorney, our office has represented many clients accused of DUI. If you are arrested for driving under the influence, you are usually booked, which means you are fingerprinted and photographed at jail. This arrest record remains with you indefinitely unless it is sealed by the court.

If you are never convicted of drunk driving in California, you have the right to get your arrest record sealed. This occurs most frequently when one of the following occurs:

  • No criminal charge is ever filed; or
  • The accused is offered, and successfully completes, a deferred entry of judgment; or
  • The charge has been dismissed before trial for another reason; or
  • A verdict of not guilty was reached by the jury in a criminal trial.

The statute of limitations for first time DUI without injury in California is one year. Currently, there is no time limit to bring an action of requesting sealing of your arrest record.

If you or someone you know has been arrested in California for drunk driving and the statute of limitations expired with no charge being filed, or you were not convicted for any other reason, please contact the Law Office of Ivan O.B. Morse to discuss sealing your arrest record.

Call (925) 452-4065 to talk to our Dublin criminal defense lawyer today.