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DUI Arrest Without Charges (VC 23152): What Happens?
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45+ Years Criminal Defense

Experience in California

What happens if I’m arrested for a DUI, but no charges are ever formally filed? (Vehicle Code 23152)

If charges are not filed and the time allotted to file the charges have passed, then the DUI arrest will remain on a person’s arrest record. In order to clear that arrest record a person would need to file a factual innocence motion with the local law enforcement and the court under Penal Code 851.8 to seal and destroy the record.


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