What recourse do I have against DMV holding my CDL over a 15 year-old vacated DUI case?

Get Legal Help Today

 Secured with SHA-256 Encryption

What recourse do I have against DMV holding my CDL over a 15 year-old vacated DUI case?

I had my license in 2004 which was suspended because of tickets since. I’ve paid the tickets but now DMV won’t give me my CDL because of a DUI in 1992 that was vacated in1994. What action do I take now? There is no record of at clerks office.

Asked on October 13, 2010 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok so where did you find out that the DUI was vacated?  What do you mean that there is "no record of it at clerk's office"? There has to be some disposition - that is what "vacated" is.  Is it the arrest that is causing the problem?  Maybe what you need to do is to have the arrest information "expunged" or erased from your record. If the DUI was vacated that means set aside basically and you were not charged or sentenced, correct? Then as long as you qualify for expungement I would try it here.  That would require DMV to erase it from your driver's license as well and then you can get your CDL.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption