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California DUI Law AB645 Makes it Harder to Clear DUI Arrest

Only two months remain before Assembly Bill 645 will make it difficult to expunge a criminal record in California for a DUI arrest.

Californians routinely exercise their right to clear their criminal records after they have completed the terms of their probation. Starting January 1, 2008, though, a new law will make that process much more difficult.

Motorists who have been convicted of certain driving violations, including California DUI and reckless driving, can have their record ‘expunged’. A request to clear one’s arrest record can be made after successful completion of the terms of probation mandated by a court. Moving violations, like speeding, are removed from the Department of Motor Vehicles records over time. Criminal convictions, however, remain on a permanent record unless they are expunged.

Last June, Governor Arnold Schwarzenegger signed California Assembly Bill 645, which, when it goes into effect in January, will alter the current expungement law and make it more difficult to clear one’s record. The new law will require those seeking to expunge their records to prove to a judge that the request is “in the interest of justice.”

The consequences of having a criminal record are significant. Computers, and the subsequent growth in databases with personal information, mean that arrest records are easily discovered and shared. Canada has long denied those with a criminal record to enter the country, and file sharing with the United States since September 11, 2001 has led to a marked increase in the enforcement of that statute. A criminal record can make it difficult to find or keep a job, as reports show that more than 80% of employers routinely perform background checks on job applicants.

California criminal defense lawyers are urging their clients to apply for expungement before the January 1, 2008 deadline. If not, they warn that those who have been convicted of DUI in California, reckless driving or driving with a suspended driver’s license may have to go through life with a permanent criminal record.

Are you in need of a California DUI Attorney?

Posted Monday, October 29, 2007
Filed in California DUI | Permalink | Comments (12)

DUI Expungements

Posted by Joe at 2008-01-01 18:44

Why didn't the media warn us about this law? What a bunch of crooks! One million Americans get these DUI tickets every year and not one word of it in the media warning of this new law? If this law abiding and taxpaying Citizen has to go through the rest of my life labeled a "criminal" by the State then that is just what they are going to get. Filthy bastards!

hahaha

Posted by Kevin at 2008-01-04 07:31

The Governor got ya all again lol hahahaha I love that guy. Next we should start doing death games for misdeminor offenders now that would be great reality TV.

New DUI Expungement Law

Posted by Joe at 2008-01-11 07:11

Well Kevin, at least you had the courage to respond to this Citizen unlike the corrupt cowards in our State legislature who are bribed and paid off by special interest groups. I bet dumbbell Schwarzenegger doesn't have the backbone to tell me to my face that I am a criminal for the rest of my life due to a violation of the vehicle code. No, he is indeed a Coward which is even lower than a vehicle code "criminal" Now be a good little runt and go tell him what I said now.

Unbelievable!!

Posted by Sam Jr at 2008-02-06 22:31

I am appalled by how many people don't know much about DUI. What is even more appalling is that no one spends a fraction of the amount of time for handing over a DUI, it takes to educate people and to figure out why DUIs happen in the first place.

The current approach seems to correct one individual at a time by arrests, fines and jail time which BTW is a useless way of dealing with DUIs.

I think everyone would benefit by educating people and providing public transportation. But I think that is too much to ask for in terms of money spent. Going to war with another country and wasting trillions seems to be a better way of spending the money instead.

DUI Law

Posted by Judie at 2008-02-25 16:50

Why don't y'all just quit drinking & driving???? WHY should you be warned about a change in the law when it's against the law to drink & drive in the first place? Driving is a privilege....not a right.

dui

Posted by em at 2008-03-05 02:00

thanks champ!
My husband recieved a DUI 7 years ago because he was under the legal age to drink. I agree that he should not have had a beer, and then drive his friend home. However, he doesn't even drink anymore. He is working on his teaching credential now, and we just found out that he may not be able to teach. After 6 years of college. He payed for his mistake 7 years ago! Meanwhile, a guy just go arrested who was an assistant principle for sexual assault on a 13 year old girl. Come to find out he had a battery charge on his record before he was hired. But, you are right a DUI is way worse! Keep up the good work!

Em

Posted by Bailey at 2008-04-29 00:25

And you see, he is now innocent, Em. I am sure that if your husband explains himself in court, he will be allowed an expunge. The reason for this law isn't to attack people who make mistakes(everyone), it is to make sure that true criminals aren't able to be accepted into the workforce without changing their ways.

I agree

Posted by Mary at 2008-08-24 23:35

Yes, if you drink don't drive. You can get a ride from a friend, call a cab, walk. It's against the law to drink and drive - why should a change in the law make any difference.

walk?

Posted by gfys at 2008-08-26 04:37

Ever hear of the crime "public intoxication"? You're not allowed to walk around if you've had a few drinks, unless you personally own the property on which you are walking. In which case they'll arrest you most likely for something along the lines of "disturbing the peace", or "drunk and disorderly". Either way they are still making their money.

Is it for safety or for making money?

Posted by Robin at 2008-04-29 21:33

When the law enforcement agency begins to set people up in particular situations to raise money for new jails and raises, it is just simply, injustice. They have the right to go out to dinner, have a drink and then drive home, the regular joe does not. To buy a drink inside of an establishment for someone, make a phone call and have your partner waiting in the parking lot is harrassment, infringement and should be unacceptalbe in the courts. However, it is not! I agree with not driving while intoxicated, but they have taken it to a level that is, in this person's mind, is all about the money they can get.

exactly right

Posted by gfys at 2008-08-26 04:29

You hit the nail on the head. We live in a capitalistic pig society. The government finally realized they could make a fortune by penalizing us for a night out on the town. Do some research and you'll see the statistics the government uses are from MADD. MADD uses skewed science to manipulate the statistics in favor of their interests. Compare their number of drunk driver related crashes and deaths to the number of crashes and deaths from non-alcohol related "accidents". You should be able to find figures on the NHSTA website and possibly the iii site. While you're at it, check out the earnings figures of the executives for such "non-profit" organizations as MADD. No wonder they they keep pushing for stricter laws and harsher fines and penalties. They make more money than most of the rest of us. We need to wake up and stand against the tyranny that has befallen upon us.

BS!!

Posted by Cassandra at 2008-09-10 17:36

I cannot believe this shit man! I understand that there are people out there that look down upon us people here that have DUIs. That believe this is the kind of punishment we deserve. And yes, there are offenders who go out and get DUIs back to back and make it worse for the ones who try to turn their lives around, but this is a bunch of crock man! I can't have this on my record and it screw up my life. I'm a senior in college, took me 7 years to get here, as another women said her husband did, and to have all that maybe go down the drain it heart breaking to me!

Maybe I should have thought about what I did before I did it but the point is I can't go back. I made a mistake and in this country we are allowed the opportunity to correct ourselves. I'm crying as I write this. It kills me to think I may never get a chance to make a difference in what I though I could do in this country and helping juveniles just because of my DUI. However, I am not one to give up. I though getting the DUI and going though the fines and program was the end, but this will just be another road block. Governor Schwarzenegger can kiss my ass! That's why I did not and never will vote for him or any other Republican for that matter!!