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In California, what most people call "expunging" a DUI is a dismissal under Penal Code 1203.4 (DRAFT — verify). It is post-conviction relief: the case is already over, you have served your sentence and completed probation, and now you are asking the court to reopen the case, let you withdraw your guilty or no-contest plea (or set aside the verdict), enter a not-guilty plea, and dismiss the charge. The conviction is set aside and dismissed — which changes what you have to tell most private employers — but it is forward-looking relief, not a time machine that makes the arrest disappear.
This page covers expungement specifically: what a 1203.4 dismissal does, who qualifies, the employment protections that come with it, and the real limits. It does not re-explain the underlying sentence — for that, see the DUI penalties overview. Ron is an experienced DUI defense attorney; he does not claim to be a certified specialist, and no result is ever guaranteed.
What a 1203.4 "expungement" actually is
A successful petition does three things. The court permits you to withdraw your plea of guilty or no contest (or sets aside the guilty verdict after a trial), enters a plea of not guilty on your behalf, and then dismisses the case. After that, you are released from "all penalties and disabilities" resulting from the conviction, with the limits noted below.
The practical headline: once the case is dismissed, you can generally answer "no" when a private employer asks on an application whether you have been convicted of a crime. The conviction still exists in the court file, but it is shown as dismissed — it is not wiped out or hidden from the government. That is why "expungement" is a slightly misleading nickname; the record is not destroyed, the judgment is set aside.
Who qualifies
Eligibility for a DUI under Penal Code 1203.4 (DRAFT — verify) generally turns on probation and your current status. You typically qualify if all of the following are true:
- You were granted probation — most misdemeanor DUIs come with summary (informal) probation; many felony DUIs come with formal probation. The statute is built around probation cases.
- You successfully completed probation — every term finished: fines and fees paid, restitution paid, DUI program completed, any jail or community service done, and no violations outstanding. (If you are still on probation, you may be able to ask for early termination under Penal Code 1203.3 (DRAFT — verify) first, then expunge once it ends.)
- You are not currently charged with, on probation for, or serving a sentence for another offense anywhere.
- You did not serve a state prison term for the case — relief under 1203.4 is generally for cases resolved with probation and county jail, not state prison.
Note there is generally no extra waiting period — you can petition as soon as probation is finished. If you are not sure whether your case fits, the safest move is to have the file reviewed before you file anything; an attorney can confirm eligibility and the correct court.
The employment benefit — and why it matters
The biggest reason people pursue this is hiring. California law gives an expunged conviction extra protection for job applicants. Under Labor Code 432.7 (DRAFT — verify), an employer generally cannot ask you to disclose, or use against you, a conviction that has been judicially dismissed under sections such as 1203.4.
On top of that, California's "Ban the Box" law — AB 1008 (DRAFT — verify), effective January 1, 2018 (DRAFT — verify), for employers with 5 or more employees (DRAFT — verify) — bars employers from asking about conviction history before a conditional job offer and prohibits considering convictions that have been sealed, dismissed, or expunged. Together these mean a dismissed DUI should not be a checkbox that ends your application before you ever get a chance to explain yourself.
An expunged DUI is still a "prior" for 10 years
This is the limit people most often miss. Under Vehicle Code 23622 (DRAFT — verify), a DUI is a "priorable" offense, and a dismissal under 1203.4 does not change that. If you are arrested for a new DUI within 10 years (DRAFT — verify), the expunged conviction still counts as a prior — meaning longer mandatory jail, longer license action, and harsher sentencing on the new case, exactly as if it were never dismissed.
What expungement does NOT do
Dismissal is valuable, but it is narrow. It does not undo these consequences:
- Your DMV record stays. The conviction and any points remain on your driving record, it still counts for license suspension/reinstatement, and insurers can still see and price it. A 1203.4 dismissal does not reverse a DMV suspension — that is handled separately through the DMV hearing process and reinstatement, not the criminal court.
- It remains a priorable prior for 10 years for any future DUI, as noted above.
- You must still disclose it when applying for a state professional license or running for or holding public office — the "answer no" benefit applies to most private employers, not to licensing boards or government applications.
- It does not restore firearm rights if the DUI was a felony. Expunging a felony does not, by itself, return the right to own or possess firearms.
- It does not erase immigration consequences. For non-citizens, federal immigration authorities can still consider the original conviction; a state-law dismissal under 1203.4 generally does not eliminate immigration exposure.
Felony DUIs and arrest sealing — two related tools
If your DUI was a felony "wobbler" (a charge that could have been filed as a felony or a misdemeanor — for example, a felony DUI involving injury), you may be able to ask the court to reduce it to a misdemeanor first under Penal Code 17(b) (DRAFT — verify) — the general wobbler-reduction statute that courts apply to felony DUI charges — then expunge it. An expunged misdemeanor preserves more rights than an expunged felony — for instance, it can restore firearm rights that a felony expungement alone does not.
Expungement is also different from sealing an arrest. If you were arrested but never convicted, sealing under Penal Code 851.91 (DRAFT — verify) can seal the arrest record so you can deny it happened; a related provision, Penal Code 851.87 (DRAFT — verify), covers sealing the arrest record after you successfully complete a prefiling (pre-charge) diversion program. 1203.4, by contrast, dismisses a conviction — it does not seal or destroy the arrest. Which tool fits depends entirely on how your case ended.
Confirm probation is complete
Verify every term is finished and you are off probation — or ask the court to terminate it early so you become eligible sooner.
Pull and review the case file
Identify the exact charge of conviction, whether it was a felony or misdemeanor, and whether a Penal Code 17(b) reduction should come first.
File the petition in the convicting court
The petition goes to the same court that handled the DUI; the prosecutor can respond, and the judge decides.
Update your record-keeping
After the dismissal, keep the order so you can document the dismissed status if a background check shows the old conviction.
Does expungement remove a DUI from my driving record?
Will an expunged DUI still count if I get another DUI?
How long after my case do I have to wait to file?
Can a felony DUI be expunged?
Do I still have to tell employers about an expunged DUI?
Does expungement help with immigration?
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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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