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Can I Have My DUI Expunged?

DUI convictions carry a wide range of consequences, from the stigma of having a DUI on your record to potential employment ramifications. The good news is that, with a few exceptions, most misdemeanor (and felony DUI) convictions can be expunged.

At Kern Law, APC, I have worked with clients over the years to get their DUI convictions expunged, which has helped them put the unfortunate incident behind them. Under California Penal Code Section 1203.4, a person convicted of a DUI may petition the court to have their conviction expunged if the following has occurred:

  1. He or she has completed the probationary part of their sentence satisfactorily; or
  2. been granted an early discharge from probation; or
  3. the Court, in its discretion and in the interests of justice, determines that a defendant should be granted the relief under PC 1203.4.

How can an expungement help?

Not everyone will qualify for an expungement and an expungement will not completely erase a conviction. However, a successful expungement will result in a dismissal of the DUI and will not need to be disclosed on job applications with some exceptions. For example, under PC 1203.4, a conviction must be disclosed when applying for a government job that requires the issuance of a license, permit, or certificate.

An expungement will not erase your arrest record or prevent the DUI conviction from being alleged as a "prior" DUI conviction to increase penalties in the event you receive another DUI arrest within ten years of the date of your expunged DUI arrest. In addition, an expungement will not reinstate an individual's right to possess firearms, if the DUI resulted in a felony conviction.

For felony DUI convictions, an expungement can be followed by an application for a Certificate of Rehabilitation – a court order declaring that the person convicted is now rehabilitated. This is an important step for those ultimately seeking a gubernatorial pardon of their conviction.

Schedule A Free Consultation!

If you have been convicted of DUI and are interested in having it expunged from you record, contact my office today and receive a free case evaluation.