In California, what is statue of limitations on a DUI? - Criminal Law Questions and Answers- LawQA.com

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In California, what is statue of limitations on a DUI?

What is the statute of limitations here for a DUI? We do not have any expertise in this part of the law. My son got charged with a DUI 15 years ago, and other unrelated offenses a while back. How long until these charges will be dropped from his record?

Answer By Thomas Mueller
Law Office of Thomas F. Mueller
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This is not a Statute of Limitation issue, it is an Expungement issue. After a conviction a DUI can not be erased from a Driving Record for 10 years, One exception is where a defendant has been mislead or misinformed while entering a plea.( that is rare ) However if your son successfully completed probation it is possible to get the conviction Expunged from his Criminal Record. That gets the charge dismissed but it still appears on his record as a conviction, then a dismissal.

We handle many such cases. For more info nor to retain our office call: Tom Mueller.

Answer Applies to: California
Replied: 1/17/2011

Law Office of Peter F. Goldscheider
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You don't mention if he was convicted or not. If not and it is a misdemeanor only, one year from the date it occurs. However, if a complaint was issued within the year and a warrant has been outstanding all that time, things get more complicated. You might be able to get it dismissed for lack of timely prosecution but this remedy might only be available if an attorney makes a formal motion to the court and can demonstrate there was no diligence in bringing the case to court all that time.

If your question is something else, how long a DUI conviction remains on your record, it can be used as a prior conviction for 10 years but it would remain on his record to be viewed by a judge or the police forever.

Answer Applies to: California
Replied: 1/17/2011

Answer By Terry Nelson
Nelson & Lawless
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If you are asking about charges he skipped on and there is a warrant out for him: Warrants are forever. If you are asking when conviction records are dropped from your record: Never. If you are asking how long a DUI counts as a prior for purposes of enhanced sentencing on subsequent offenses: ten years.

The general rules and guidelines are: Records are forever. However, in CA many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If youre serious about doing this, and you think you qualify, feel free to contact me for the legal help you'll need.ed.

Answer Applies to: California
Replied: 1/16/2011

Law Office of Geoffrey M. Yaryan
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I'm not sure you understand what a statute of limitations does. It has nothing to do with removing convictions from your record, rather it is the period of time after the commission of a crime that it must be filed by the prosecution. In California that period for a dui is one year.

Answer Applies to: California
Replied: 1/15/2011

Answer By Joseph A. Katz
Law Office of Joseph A. Katz
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There is no set statute of limitations for the prosecution of a case that has been filed. Any case, whether misdemeanor or felony (except for some very serious crimes, such as murder or child abuse cases), is ripe for a Motion to Dismiss for Lack of Speedy Trial if enough time has passed, depending on how long it's been since charges were filed. This is a 15 year-old misdemeanor.There may still be a warrant outstanding, but unless your son was hiding under a rock in Timbuktu, it is reasonable to move to dismiss the case given that law enforcement did nothing in all this time to try to prosecute the case. That negligence is only forgivable under certain circumstances, and I would need to know specific particulars of your son's situation and circumstances during the past fifteen years to advise you further. Fifteen years is a long time, and I would say that the prospects of a dismissal are pretty good, especially if your son has been in the same area the entire time.

Answer Applies to: California
Replied: 1/15/2011

Law Office of Eric Sterkenburg
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Most misdemeaners the Government has one year to file charges. if the charges were filed and your son has not been to court there was a warrant issued for his non appearance. After 15 years he should be safe.

Answer Applies to: California
Replied: 1/15/2011

Answer By Jeff Yeh
Law Office of Jeff Yeh
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A DUI will never be "dropped" from your son's record unless and until you have it formally expunged.

Answer Applies to: California
Replied: 1/14/2011

Answer By Gregory W. Fox
Law Office of Gregory W. Fox
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The statute of limitations for driving under the influence offense is one year, in most instances.

Answer Applies to: California
Replied: 1/14/2011

Law Office of Miranda McCroskey
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The district attorneys office has one year to file.

Answer Applies to: California
Replied: 1/14/2011

The Law Offices of Robert L. Driessen
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I am not certain so I will try to give a couple answers to what your question may actually be. The statute of limitation for a misdemeanor DUI is one year. That means that the prosecutor must file criminal charges within one year of the date of the arrest. If it is a felony DUI it would typically be three years. If your son was charged on time but the charges have remained in a warrant status (meaning he has not plead guilty or been found guilty of the charges) the case would still be open. There are ways for an attorney to file a motion to dismiss the case for lack of prosecution and get the case dismissed. However if your son has plead or was found guilty 15 years ago and your question is how long does it stay on his criminal record, the answer to that is: if he was under 18 at the time of the arrest - his record will be sealed. If he was over 18 the record will never go away. You can file an expungement to get the record to show a dismissal rather than a conviction. Typically a DMV print out will only show his driving record for the last 10 years as a DUI is California is priorable for up to ten years from the date of arrest to the next date of arrest.

Answer Applies to: California
Replied: 1/14/2011

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