Yes, a DUI conviction can be expunged or dismissed under California Penal Code § 1203.4 in many cases. You generally must finish probation or get an early discharge from probation before the court can grant this relief. If you are still on probation, the usual path is to ask the court to end probation early first, then file the expungement request. Whether the judge grants the request depends on your eligibility and your compliance with probation.
At the Law Offices of Anna R. Yum, San Diego criminal attorney Anna R. Yum helps clients seek early probation termination and expungement (dismissal) under Penal Code § 1203.4. Our team of San Diego DUI defense lawyers helps clients make sure their court and background-check records reflect the dismissal once it is granted.
This guide explains when you can petition for expungement, how to terminate probation early, what expungement does and does not accomplish, and why prior DUI convictions still count for enhancement purposes. Call the Law Offices of Anna R. Yum at (619) 233-4433 to discuss your eligibility for DUI expungement.
What Does Expungement Mean for a DUI Conviction in California?
Expungement under California Penal Code § 1203.4 allows you to withdraw your guilty or no contest plea and enter a not guilty plea. The court then dismisses the case. This process provides relief from many of the collateral consequences of a DUI conviction, but it does not erase the conviction entirely. To be eligible for consideration, you generally must not be serving a sentence for any offense, be on probation for any offense, or be charged with the commission of any offense.
After expungement, you can often answer “no” to conviction questions on many private job applications, because the case is shown as dismissed under Penal Code § 1203.4. Background checks may still show the case, but it should show the dismissal notation rather than an active conviction. However, some employers and most licensing boards can still ask about expunged cases in certain situations, and expungement does not restore gun rights or immigration status, and it does not remove the conviction from your driving record.
When Can You Apply for DUI Expungement in California?
You can usually apply for expungement after you complete probation or after the court ends probation early (early discharge). California law requires you to finish probation, pay all fines and restitution, complete DUI classes, and satisfy any other court-ordered conditions before filing a petition under Penal Code § 1203.4.
Most DUI probation periods in California last three to five years. During this time, you must comply with all probation terms, including attending alcohol education programs, installing an ignition interlock device (IID) if required, and avoiding new arrests. If you violate probation, you may be ineligible for expungement until you resolve the violation.
The expungement process involves these steps:
- Verify probation completion with the San Diego Superior Court
- File a petition for dismissal under Penal Code § 1203.4
- Serve the petition on the district attorney
- Attend a court hearing if required
- Obtain a court order granting the expungement
San Diego Superior Court provides forms and instructions for eligible cases under Penal Code §§ 1203.4 and 1203.4a. Whether a petition is granted depends on eligibility and the judge’s review of the case.
Key Takeaway: You must complete all probation terms before filing for expungement. This includes finishing DUI classes, paying fines, and staying arrest-free during probation.
Anna R. Yum can verify your probation status, prepare your petition, and represent you at the expungement hearing in San Diego County courts.
How to Terminate Probation Early to Speed Up Expungement
Many people want to clear their DUI record before the full probation period expires. California Penal Code § 1203.3 allows you to petition the court to terminate probation early. If the court grants your motion, you can immediately move forward with the expungement process.
To qualify for early termination, you must demonstrate compliance with all probation conditions and show that early termination serves the interests of justice. Courts consider factors such as:
- Completion of DUI classes and community service
- Payment of all fines and restitution
- No new arrests or violations
- Employment or educational opportunities requiring a clean record
- Time elapsed since conviction
The early termination process requires filing a formal motion with the court that sentenced you. The prosecutor may oppose your motion, arguing that you should serve the full probation term. A hearing will be scheduled, and the judge will decide whether to grant early termination based on your compliance record and reasons for the request.
San Diego Superior Court handles early termination motions in the same division where your DUI case was resolved. If the court grants early termination, you can file your expungement petition the same day.
Key Takeaway: Early probation termination under Penal Code § 1203.3 allows you to pursue expungement immediately rather than waiting years for probation to end. Courts grant these motions when you have complied with all conditions and have a compelling reason for early relief.
Anna R. Yum can file an early termination motion, argue for relief at the hearing, and immediately prepare your expungement petition if the court grants your request.
DUI Attorney in San Diego – Law Offices of Anna R. Yum
Anna R. Yum, Esq.
Anna R. Yum is a San Diego DUI attorney and former Riverside County Deputy District Attorney with extensive experience in California criminal defense. She is licensed to practice in California state and federal courts in the Southern and Central Districts, as well as in Illinois. Ms. Yum founded the Law Offices of Anna R. Yum to defend clients facing charges ranging from serious felonies to DUI and other misdemeanors.
As a former prosecutor, Ms. Yum handled domestic violence, felony crimes, and gang-related offenses. This background provides insight into how district attorneys build DUI cases and where those cases can be challenged. Ms. Yum earned her J.D. from the University of San Diego School of Law, where she was inducted into the Order of Barristers for excellence in oral advocacy. She also received the American Board of Trial Advocates Award and completed a judicial externship with Senior U.S. District Judge Robert M. Takasugi.
Ms. Yum is frequently called upon as a legal analyst for national media outlets including Fox News, CNN, Court TV, and Law & Crime. She is a member of the San Diego County Bar Association, Enright Inn of Court, Criminal Defense Bar Association of San Diego, and Korean-American Bar Association of San Diego.
What Expungement Does NOT Do for DUI Convictions
One common misconception about DUI expungement is that it completely erases the conviction. While expungement provides significant benefits, it does not eliminate all consequences of your DUI conviction.
Prior DUI Enhancements
Even after expungement, an expunged DUI can still be treated as a prior if you pick up a new DUI. That is because Penal Code § 1203.4 says the prior conviction can still be “pleaded and proved” in a later case. DUI penalty laws like California Vehicle Code § 23540 (second DUI within 10 years) can still apply even if the earlier DUI was dismissed under § 1203.4. This means you will face harsher penalties, longer license suspensions, and mandatory jail time if convicted again.
For example, if you were convicted of a first DUI, had it expunged, and are later arrested for another DUI, prosecutors will charge you with a second DUI rather than a first offense. The penalties escalate dramatically with each subsequent conviction.
DMV Driving Record
Expungement removes the conviction from your criminal record but does not remove it from your California Department of Motor Vehicles (DMV) driving record. The DMV maintains a separate record of all DUI convictions for ten years, and expungement does not affect this record. Insurance companies, employers requiring a clean driving record, and commercial driver’s license (CDL) applicants will still see the DUI on your DMV record.
Immigration Consequences
Expungement does not eliminate immigration consequences for non-citizens. United States Citizenship and Immigration Services (USCIS) and immigration judges consider the original conviction, not the expunged status, when evaluating deportability or inadmissibility. A DUI conviction can still affect visa applications, green card renewals, and naturalization proceedings.
Key Takeaway: Expungement helps with employment and most background checks, but it does not erase your DUI for purposes of future DUI charges, DMV records, or immigration proceedings. Prosecutors can still use the expunged conviction to enhance penalties if you face new DUI charges.
Contact the Law Offices of Anna R. Yum to understand exactly what expungement can and cannot accomplish for your California DUI conviction.
DUI Classes, Fines, and Other Probation Requirements
Before you can pursue expungement, you must complete all court-ordered requirements from your DUI conviction. Courts in California impose standard conditions for DUI probation, and failure to satisfy any of these conditions will delay or prevent expungement.
DUI Education Programs
California requires a state-licensed DUI program, and the length depends on the case. The California Department of Health Care Services (DHCS) describes these common categories:
- First DUI: a 3-month, 30-hour program
- First DUI with BAC 0.20 or higher: a 9-month, 60-hour program
- Second DUI and later: an 18-month multiple-offender program (and some counties have 30-month programs for third-and-later offenders)
- Wet reckless: a 12-hour DUI education program
You must provide proof of program completion to the court before applying for expungement. The DUI school will issue a certificate upon successful completion, which you must file with the San Diego Superior Court.
Fines and Restitution
California law imposes mandatory fines for DUI convictions, typically ranging from $390 to $1,000 for a first offense. However, penalty assessments and fees can increase the total cost to $1,800 or more. You must pay all fines, court fees, and victim restitution before the court will grant expungement.
If you cannot afford to pay all fines at once, you can request a payment plan or petition the court for a fine reduction based on financial hardship. Courts generally require good-faith efforts to pay before granting expungement.
Ignition Interlock Device
Some DUI cases involve an ignition interlock device (IID), but it is not as simple as a BAC cutoff. The DMV explains that for a first DUI with no injuries, you are generally not required to install an IID unless the court orders it. If the court does not order an IID, you may still choose an IID-restricted license (up to 6 months), or a different restricted license that limits driving to work and DUI program travel (12 months). Repeat and injury cases can involve mandatory IID restrictions under DMV rules.
| DUI Program Type | Duration | Total Hours | Applies To |
|---|---|---|---|
| First DUI Program | 3 months | 30 hours | First-time DUI offenders |
| High BAC Program | 9 months | 60 hours | First DUI with BAC 0.20% or higher |
| Multiple Offender Program | 18 months | Not specified | Second DUI and subsequent offenses |
| Extended Program | 30 months | Not specified | Third and later offenses (some counties) |
| Wet Reckless Program | 12 hours | 12 hours | Wet reckless convictions |
How Expungement Affects Employment and Background Checks
Expungement can help with jobs because many employers are not allowed to ask about, or use, dismissed/expunged convictions in hiring. California’s Fair Chance Act applies to employers with five or more employees and generally limits consideration of convictions that have been sealed, dismissed, or expunged. There are exceptions (for example, when another law requires a background check or limits hiring).
Private Employers
Private background checks may still show the case, but it should show as dismissed after a § 1203.4 expungement. California Labor Code § 432.7 says employers generally cannot ask about (or use) convictions that were judicially dismissed, including dismissals under § 1203.4. California’s Fair Chance Act (Government Code § 12952) also limits how employers can use conviction history and generally excludes expunged/dismissed convictions from consideration. Some jobs are exceptions when another law requires a conviction review (for example, certain government or licensed roles).
However, some exceptions exist. Employers hiring for positions requiring government security clearances, working with vulnerable populations, or involving sensitive financial responsibilities may still ask about expunged convictions. You must disclose the expunged DUI if specifically asked about arrests or convictions that were later dismissed.
Professional Licensing
Many California licensing boards require disclosure of all convictions, even those that were expunged. The State Bar of California, Medical Board of California, Board of Registered Nursing, and other regulatory agencies ask about convictions on license applications. You must answer these questions truthfully, but expungement demonstrates rehabilitation and may reduce the likelihood of license denial or discipline.
Licensing boards consider factors such as the nature of the offense, time elapsed since conviction, completion of rehabilitation programs, and evidence of good character. An expunged DUI is generally viewed more favorably than an active conviction.
Key Takeaway: Expungement allows you to answer no to most employment questions about convictions, but you must still disclose expunged DUIs to professional licensing boards and certain government agencies.
Call (619) 233-4433 to speak with Anna R. Yum about how expungement can improve your employment prospects and professional opportunities in San Diego.
The Expungement Hearing Process in San Diego Courts
After filing your Penal Code § 1203.4 petition, the San Diego Superior Court will schedule a hearing to review your request. Not all cases require a hearing. If the district attorney does not oppose your petition and you meet all eligibility requirements, the court may grant expungement without a hearing.
If a hearing is required, you must appear before a judge and explain why you deserve expungement. The judge will consider:
- Your compliance with all probation terms
- Payment of fines and restitution
- Completion of DUI classes and other programs
- Any new arrests or violations since your DUI conviction
- Your reasons for seeking expungement
The prosecutor may oppose your petition if you violated probation, failed to complete required programs, or were arrested for new offenses. If the court grants your petition, the judge will issue an order withdrawing your plea and dismissing the case.
After the judge grants the dismissal, ask the court clerk how to get a certified copy of the dismissal order. Keep a certified copy for your records in case a future employer, licensing board, or background check company needs proof that the case was dismissed.
Speak with a San Diego DUI Defense Attorney Today
Clearing a DUI conviction from your record can open doors to better employment opportunities and remove barriers to professional licensing. However, the expungement process requires careful attention to deadlines, court procedures, and legal requirements.
Anna R. Yum has helped hundreds of clients in San Diego and throughout California pursue DUI expungements after completing probation. At the Law Offices of Anna R. Yum, our DUI defense attorneys handle early probation termination motions, expungement petitions, and court hearings to help you achieve a clean record. We also represent clients at San Diego Superior Court locations including Central, Vista, El Cajon, and Chula Vista.
Call the Law Offices of Anna R. Yum at (619) 233-4433 for a consultation. Our offices in downtown San Diego serve clients throughout San Diego County. We will review your DUI conviction, determine your eligibility for expungement, and guide you through every step of the process.
Video Transcript
The short answer is yes. Yes, it can.
But remember, there are certain processes that need to take place before you can get the expungement process started.
So let’s talk about them.
One of the common misconceptions is that you can get a DUI expunged after the conviction while you’re still on probation.
That is not correct. For an expungement to take place, you need to make sure that you’re off probation, because one of the requirements for an expungement is to make sure that the person is off probation.
Oftentimes people will call me and say, “yeah, you know, I really want to get this DUI expunged,” but then I find out that they’re still on probation.
So in order for you to get an expungement done, the first step in the procedure is to try to get you off probation early.
If that motion is granted, then step two is to try to go and try to get it expunged. Now, one of the most common misconceptions about an expungement and a DUI is that sometimes people think the expungement means a DUI never happened.
And that’s not true.
So let me give you an example.
Let’s say that you’re facing multiple DUIs and let’s say that one of your prior DUIs got expunged. Well, you might think to yourself, I got it expunged. That means the prosecution can’t use that prior against me.
That’s not true. Even if you get a prior expunged, it doesn’t mean that the government can’t use it if you end up getting another DUI in the future.
So if you have any questions about the expungement process and about a DUI, please make sure to pick up the phone and call and we’d be happy to provide you with a free legal consultation.
