Getting a DUI Expunged in California (Penal Code 1203.4)
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Once probation is behind you, a DUI conviction doesn't have to keep following you into every job application. California law allows many people convicted of DUI to petition the court to dismiss the case under Penal Code 1203.4 — commonly called "expungement." It's a genuinely useful tool, but it does less than most people assume. Here's what it actually changes, and what it doesn't.
In this guide
What PC 1203.4 relief actually is
Under Penal Code 1203.4, someone who successfully completes probation can petition the court to withdraw their guilty or no-contest plea (or set aside a guilty verdict) and have the case dismissed. California doesn't literally erase or seal the record the way "expungement" works in some other states — instead, the case is reopened, the plea is withdrawn, and the court dismisses the charges. The practical effect is that you can generally and truthfully say the case was dismissed.
Are you eligible?
Generally, you qualify if:
- You successfully completed probation for the DUI (or the court granted early termination of probation)
- You are not currently charged with a new criminal offense
- You are not currently serving probation for a different offense
If probation is still active, an attorney can sometimes petition the court for early termination of probation specifically to become eligible for expungement sooner, when the facts support it.
What expungement does for you
The biggest practical benefit is with employment background checks. Most private employers in California are legally limited in how they can consider a dismissed conviction, and you can generally answer "no" when a private-employer job application asks if you've been convicted of a crime that was later dismissed — subject to some exceptions for certain licenses and government positions, described below.
What it does not do
Expungement has real limits
An expunged DUI generally still: remains on your DMV driving record; still counts as a prior DUI for 10 years if you're arrested again (see our guide on how priors work); must typically still be disclosed to state licensing boards and on many government job or security-clearance applications; and does not restore firearm rights if the conviction affected them. Expungement is about employment and public record, not about undoing every legal consequence of the case.
How to petition the court
The petition is filed with the same court that handled the original case. Depending on the county and the facts, the court may grant it without a hearing or may schedule one. Because the process interacts with the DMV record, the 10-year prior-DUI window, and (for some clients) professional licensing disclosures, it's worth having an attorney review your specific situation before filing — especially if you're unsure how a licensing board or government application in your field treats a dismissed DUI.
Frequently asked questions
Does expungement erase my DUI from my record completely?
When can I apply for expungement after a DUI?
Will an expunged DUI still count as a prior in a future case?
Do I still have to disclose an expunged DUI on job applications?
Sources
Ron has focused on DUI and criminal defense from his Irvine office since 2009. You work directly with him — not a paralegal or a call center.
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