Expungement of a California DUI Misdemeanor under 1203.4
Fortunately for individuals convicted of
driving under the influence (DUI/DWI)
, California law has provisions that allow for expungement (the sealing
of criminal records so it is not publicly available) of the conviction. Expungement of
California DUI convictions is available for both misdemeanor and felony convictions. However, it is
important to note that the type of relief that is available does vary
from one case to the next and it depends on the type of charges and the
consequences that followed.
California’s Penal Code Section 1203.4
, misdemeanor DUI convictions can be expunged. Penal Code Section 1203.4 states in part:
"[DUI offender shall]...be permitted by the court to withdraw his
or her plea of guilty or plea of nolo contendere and enter a plea of not
guilty; or, if he or she has been convicted after a plea of not guilty,
the court shall set aside the verdict of guilty; and, in either case,
the court shall thereupon dismiss the accusations or information against
the defendant and except as noted below, he or she shall thereafter be
released from all penalties and disabilities resulting from the offense
of which he or she has been convicted, except as provided..."
This section of the
California Penal Code provides for the clearing relief for convicted
California DUI offenders who have been granted probation after having been convicted by a court
of a misdemeanor.
California DUI Defense Attorneys
may apply for such relief so long as (1) the DUI offender has fulfilled
all the conditions of probation or has been discharged before the termination
of probation, or (2) if the court in its discretion determines that the
probationer should be granted this type of relief.