How to Expunge Underage Drinking Charge in CA

Possessing or drinking alcohol as a minor can lead to several problems with California law. Even though this will result in a misdemeanor offense or infraction (most of the time), there will be collateral consequences that will affect the person's life.

Underage drinking in California represents anyone below the legal age who consumes an alcoholic beverage. In this case, it involves those under 21 years of age. An alcoholic beverage involves any liquid or solid material (intended to be consumed) containing at least 0.5% alcohol. This includes beer, spirits, hard liquor, and other drinks.

California has extra laws in place, though. Minors who possess or purchase (or attempt to purchase) alcohol can also get a criminal record.

While juvenile DUI records (or alcohol possession charges) can seriously affect a person, there's a way to get rid of them. An expungement allows someone to get their California criminal record dismissed by a court. The process is outlined in the state's Penal Code (1203.4).

On this page, we'll explain how to expunge underage drinking charge in CA. If you're interested in learning more about expunging your criminal history with an expert, schedule a free consultation with our team today. We can share information on how to expunge burglary charge in CA as well.

Understanding California's Different Laws Governing Underage Drinking

We've already explained what constitutes underage drinking and possession of alcohol. In this section, we'll explain the three most relevant laws that California has in this matter:

Selling or Furnishing Alcohol to Minors

According to the California Business and Professions Code (Section 25658), it's illegal to furnish, sell, or give any alcoholic beverage to an underage person (under 21). The same applies even if there's only a cause for the beverage to be sold, furnished, or given away.

With this law, the state aims to prevent minors from accessing these beverages through common means like retail establishments.

Prohibition of Minors Possessing Alcohol

California's Business and Professions Code (Section 25662) prohibits people under 21 from possessing any kind of alcoholic beverage while in a public place. Those who are found guilty of this may face several penalties, including fines and community service time.

Likewise, those who are found using fake identifications to buy alcohol will face penalties.

Zero-tolerance for Drinking and Driving

California's zero-tolerance law states that drivers under the age of 21 with a blood-alcohol concentration (BAC) of 0.01% or higher can face penalties. You can find more information in the California Vehicle Code (Section 23136).

"Under 21" DUI

There are further penalties for those with an underage DUI who meet specific BAC levels. Essentially, those with a BAC of 0.05% (or higher) may get an infraction, which doesn't carry prison/jail sentences (California Vehicle Code S 23140). However, the person may still face other penalties, depending on the offense.

Which Penalties Can an Underage Person Get for Possessing Alcohol?

The penalties depend on the type of criminal charges the person gets. Generally speaking, most penalties include fines, license suspensions, and community service, although severe cases may lead to jail time. Here's a breakdown:

• Using a Fake ID: Getting caught using a fake ID can lead to a maximum of six months in county jail, up to $1,000 in fines, and a one-year suspension of the driver's license. Some convictions may also require the person to complete community service.

• Possessing Alcohol: Possessing alcohol as an underage person can lead to a $250 fine plus 24-32 hours of community service. The person may also get a one-year suspension of their license.

• Purchasing Alcohol: Like in the previous offense, purchasing alcohol may lead to $250 in fines, community service time, and a license suspension.

• Attempting to Purchase Alcohol: The person may get their license suspended for up to a year. They may also have to pay $100 in fines and/or complete 24-32 hours of community service. It's important to note that a second or subsequent violation may be punishable as a misdemeanor, leading to up to $500 in fines and 48 hours of community service.

• Refusing to Submit to BAC Tests: Refusing a BAC test may be seen as an admission of guilt to a DUI. The person may get a one-year suspension of their license.

• Zero-tolerance Penalties: Violating the zero-tolerance law may result in up to three years of license suspension.

  
  

Does a Criminal Conviction Stay on the Person's Record?

Yes. Underage drinking charges in California may remain on a person's record indefinitely. In some cases, however, it may be possible to expunge their records successfully.

How to Expunge an Underage Drinking Charge in California

Below is a breakdown of how to get an expunged record. If you need more information about a specific case, make sure to consult with a criminal defense lawyer from Goss Law. They can also provide details on how to expunge curfew charge in CA.

Identify the Charge and Determine Your Eligibility for Expungement

First, the person must identify the offense they're getting charged with. Knowing what you're dealing with ensures you can create a better defense strategy with our criminal defense lawyers in Sacramento CA.

Next, the person must determine their eligibility. Not everyone can get their records expunged. According to the California Penal Code (1203.4), those who were convicted and placed on probation may file a petition for expungement.

Keep in mind that those who are still on probation can't request an expungement until they complete their sentence.

If the person wasn't placed on probation, but their offense resulted in fines, they may seal their record, according to the Penal Code (851.91).

Finally, if the person was arrested but not convicted, they can seal and destroy their records, according to the Penal Code (851.87).

Make sure to talk to a professional attorney to evaluate potential strategies according to your case.

Complete Your Sentence and File a Petition

The person must successfully complete their sentence, which may include paying fines and attending an alcohol education program or community service.

Also, they must avoid getting new charges or arrests during this process.

To start, a person can file a "Petition for Dismissal" with the court where their case was handled. Cases involving misdemeanors will work under Penal Code 1203.4, whereas those with infractions can file a petition under Section 851.91 of the PC.

After paying the filing fees, the person should serve a copy of the petition to the D.A.'s office.

Attend a Hearing and Wait for the Decision

In some cases, the person will be required to make a court appearance. Getting help from a lawyer in this step is crucial to ensure they have the best support available.

If the person gets their petition granted, they will get a signed order from their judge. This means that their conviction is officially dismissed, so it won't show on certain background checks.

Keep in mind that, in some cases, a professional background check may still show a conviction and its dismissal. However, the law will prevent the employer from using the dismissed conviction against the person.

Bottom Line

Expunged criminal records have many benefits for people. Getting a prior conviction dismissed may result in better housing and professional opportunities in the future, not to mention the peace of mind that comes with having an expunged record.

Those interested in getting an alcohol possession or DUI expungement can talk to the professionals at Goss Law. They have all the information necessary to build a solid strategy that works toward getting a positive result.