DUI Expungement in California

July 24, 2016

While a DUI carries severe penalties and court fines, it is eligible to be expunged in California.  Whether it was a first offense or you suffer from multiple DUI offenses, the eligibility requires remain the same.  Previously, if someone never suffered any probation violations, they would be entitled to an expungement as a matter of right.  Recently however, the law has changed making it more difficult for a DUI offender to expunge their record.

Before moving for a DUI expungement, you must be completed with probation.  And you cannot be on probation for any offense, or have any cases pending against you.  Furthermore, all your obligations / terms of probation must be completed.  This includes payment of all fines, fees, and restitution.

Any time after completing probation, you file a petition for dismissal form with the court.  The prosecuting agency must be served with a copy.  For DUI expungement petitions, an expungement must be brought under Penal Code 1203.4(a) in the “interests of justice.”  Filing for an expungement can be complex which is why it’s recommended to retain an experienced expungement lawyer to handle your petition.

Filing in the interest of justice requires submitting a declaration explaining why you should be granted an expungement.  It’s important to explain how the passage of time and participation in alcohol classes helped towards your rehabilitation.  In the event you suffered a probation violation, the judge will expect the reason(s) for the violation to be addressed and perhaps explained.  Sometimes a judge will evaluate the reason why you’re seeking an expungement.  Typically, those seeking this remedy are applying for employment because of the benefits it carries in the private sector.

If the court grants the petition, the order will be transmitted to the California Department of Justice.  A notation will be added to your criminal record reflecting that the conviction has been dismissed pursuant to 1203.4.  Additionally, an expungement is the first required steps prior to filing for a certificate of rehabilitation.


If you were convicted of DUI and you’re seeking to expunge your criminal record, then contact an experienced Expungement Attorney at the Law Offices of John D. Rogers for a free consultation.  We handle expungement petitions all throughout California, including Los Angeles, Newport Beach, Riverside, San Diego, Ventura, and San Bernardino counties.  You may also be interested in the following, reducing a felony to a misdemeanor or early termination of probation.

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