DUI Expungements are more difficult than most other criminal expungements, and you need an experienced DUI attorney on your side to argue the petition effectively. The reason is because California Penal Code §1203.4, which is the law that allows for expungements, actually has a specific clause that lists vehicle code offenses that carry a heavier burden than other criminal offenses. These specific offenses are listed in California Vehicle Code §12810(a)-(e).
A criminal conviction may affect you in various ways, but it can especially impact you when applying for a University, post-graduate school, a professional license, or a job. A DUI conviction will also prevent you from ever traveling into Canada, regardless whether you have work there, or family that resides there. You must get the matter expunged pursuant to California Penal Code §1203.4, in order to clear the conviction from your record.
California Penal Code §1203.4 states, “In any case in which defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the court shall thereupon dismiss the accusations or information against the defendant.”
In order to be eligible for an expungement, you must satisfy certain prerequisites before you can petition the court. You can’t have any current misdemeanor/felony charges pending, you can’t be serving a sentence for any offense, or on probation for any offense. Thus, if you’d like to get an old criminal conviction expunged, you must first satisfy these requirements before you can apply. If you are currently on probation, an experienced attorney can motion the court to terminate probation early, pursuant to California Penal Code § 1203.3.
If you plead guilty/no contest or were convicted by a jury for a misdemeanor charge(s), or convicted of a felony charge(s), but were not sentenced to state prison and didn’t receive a strike, you are eligible to petition for an expungement under this code section. However, if you’re not eligible for an expungement, you may still be permitted to petition the Court for a Certificate of Rehabilitation, and apply for clemency with the Governor’s Office.