Finding California DWI Records

A DUI or DWI charge is a serious criminal offense that result is harsh penalties. You are fined for a hefty amount, license is suspended for months, you get license points, you must spent a minimum time in jail, and there are mandatory attending of DUI Schools to complete Alcohol Abuse Programs, community services and treatments. As you repeatedly offend, otherwise these misdemeanor offenses turn into felonies and you are convicted of felony crime. California is a very important and happening state of America. Los Angeles, San Francisco, San Jose etc are the busiest pockets. And its vicinity to Las Vegas adds to its importance. From software to entertainment, California is the hub. The freeways packed with cars and rate of accidents testify how busy the state is. Naturally, laws of California DWI or DUI are stringent.

California DWI Records:

The records of California DWI are maintained by Division of Motor Vehicles. If you want to get the address of you nearest DMV, visit the specified webpage at http://www.dmv.ca.gov . To request for your driving record that will hold all your records including DWI conviction, you need to fill out a form. You can download the form at http://www.dmv.ca.gov/forms/inf/inf1125.pdf. To apply, you will need identity proof and an application fee of $5. All the DMV branch offices in California remain open on all weekdays through Monday to Friday. Business hours for Monday-Tuesday and Thursday-Friday are 8 a.m. to 5 p.m. On Wednesday, office hours are 9 a.m. to 5 p.m.

If you want to get the driving record through postal service, take a print of this form, fill it up and send it to Department of Motor Vehicles, Office of Information Services, Public Operations Unit G199, P. O. Box 944247, Sacramento, CA 94244-2470. Enclose a check or money order of $5 along with the mail. If you want to get the driving record for your child who is still a minor or for your spouse, download the form http://www.dmv.ca.gov/forms/inf/inf70.pdf and send along with your request.

The driving records are public records and anyone can access it with a proof of justified reason. Employers, schools, insurance companies or military agencies have access to these records. The DMV does not divulge sensitive information through these records like your Social Security Number, contact address, numbers etc. Driving record includes violations of all kinds of ordinances. The DWI record includes the information on arrest, arraignment, detention, details of trials, description of the conviction, sentence given, time spent in jail and suspension of the license. You can send request for anyone’s driving history outside your family but if DMV figures it out that there are no valid reasons of this request, you can be penalized.

There is a statewide reporting system of DWI and DUI in California. Any DWI or DUI conviction stays for at least seven years from the date of arrest. If the offender does not appear before the court, then the record stays for another three years. If your license had been revoked owing to a California DWI case, the report remains in record for three years since termination. Before a new license is issued, the prior offenses in other states, if applicable, are reviewed. Since 1992, the California DMV has adopted microfilming the documents. As a result, DUI and DWI records can be traced back until 1976.

Procedure for DWI Expungement:

DWI is a criminal offense. As a result, if you are convicted for California DWI, you will instantly get registered with the criminal database maintained by the state as well as DMV. If you commit this offense even once in last ten years, it does not get expunged automatically. You will need to undergo a series of legal steps. Usually, the whole process takes fifteen to sixteen weeks to complete.

In California, both misdemeanor and felony DWI cases can be expunged. But it is important that they meet certain criteria. Not all the cases can be expunged, but depending upon certain factors, most of them can be sealed. Expungement or expunction can be guaranteed if the plea had been withdrawn or the case had been dismissed. If a felony DWI case had been reduced to a misdemeanor one or if the arrest had been deemed to detention, expungement is possible. Also, if the records have been destroyed, you have been proved factually innocent or if you had been a juvenile at the time of offense, records can be sealed.

Once you know that you have qualified on the above mentioned grounds, you can start the process of California DWI expungement. The process starts at the District Court where you had been convicted and sentenced. The matter is forwarded to the Department of Probation which submits its report according to which court sets a date for hearing. District attorney, the agency responsible for the arrest and DMV is notified. After getting a no-objection deed, the record is sealed or expunged. This is followed by setting aside the conviction and entering not-guilty plea and thus the case is dismissed.

When your record is sealed, you can deny any DWI charge when asked by prospective employers, landlord and even at universities applied for higher studies. If you are applying for any government job or license, upon asked about any crime conviction, you should answer in ‘Yes- conviction dismissed.’ Though it is not impossible to get the records sealed all by yourself, but an attorney with specialization of DWI and DUI laws of your jurisdiction can help you in this regard.