You cannot do so. The DMV will use the incident as a prior for the purpose of adjudicating future possible Driving Under the Influence incidents for a period of ten years. They will not wipe it off of your record. There may be some extraordinary relief possible if you received, for example, a Governor's Pardon, but I have rarely, if ever,heard of one applying to an administrative adjudication. If there is some other arcane mechanism for cleaning up a DMV record I certainly want to be so advised.

Answer Applies to: California
Replied: 9/17/2011

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P.C. 1203.4 states that expungement will not limit the use of a DUI conviction as a prior. If you have a DUI conviction expunged, and pick up another (within ten years) , it will be used as a prior with punishments and penalties for a second DUI. Your DUI can be expunged. However, that will not clear your record for all situations. You will be able to state that you have not been convicted of the crime when filling out an application for a private, non-law enforcement employer. Expungement does not relieve him or she of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery." If you are under 18 years old at the time of the DUI you can petition to have your record sealed and then destroyed. However, the DUI will be used as a prior for ten years from the date of sentcing on that DUI.

Answer Applies to: California
Replied: 9/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

there is no way to 'clear' your DMV record. That DUI will influence your driving record for ten years.

Answer Applies to: California
Replied: 9/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

This really all depends on a few things, one thing is what exactly you are being charged with. The other thing is you have 10 days from the date of the incident to request a DMV hearing and ask for a stay on your suspension.

Answer Applies to: California
Replied: 9/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You can't. It's too late for that. You only had 10 days after your arrest to request a hearing.

Answer Applies to: California
Replied: 9/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.