Penal Code 1203.4 is California's expungement statute. After successfully completing probation, it lets you withdraw your plea, have the case dismissed, and be released from most of the penalties and disabilities of the conviction. I am Joel Brand, and here is how it works for a DUI.
The text of the law
Penal Code 1203.4(a)(1). When a 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 interest of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if they are not then serving a sentence for an offense, on probation for an offense, or charged with the commission of an offense, be permitted by the court to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if they have 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, the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Section 13555 of the Vehicle Code.
What expungement actually does
Under section 1203.4, the court allows you to withdraw your guilty or no-contest plea (or sets aside a guilty verdict), enters a plea of not guilty, and then dismisses the case. The conviction is, in effect, set aside, and you are released from most of the penalties and disabilities that flowed from it. The most practical benefit is that in most private employment situations you can lawfully state you were not convicted of the offense, which removes a significant barrier created by a DUI on the record.
Who qualifies
The core requirements are completing probation, whether by serving the full term or by early termination, not currently serving a sentence, being on probation, or facing charges in another case. Where probation was completed successfully, the relief is generally available as a matter of right. Even where there was a probation violation, the statute gives the court discretion to grant expungement "in the interest of justice," so a violation does not automatically foreclose it. Assessing eligibility and timing is the first step, and most DUI convictions resolved with probation are good candidates.
The DUI-specific limits
It is important to be candid about what expungement does not erase, and the statute itself flags this with its reference to Section 13555 of the Vehicle Code. An expunged DUI still counts as a prior for purposes of sentencing on any future DUI within the ten-year window, and it does not restore or affect the DMV's separate record or any license consequences. So while expungement provides real and valuable relief, especially for employment, it does not make the DUI disappear for repeat-offense or DMV purposes. I make sure clients understand precisely what the relief does and does not accomplish.
Why it is worth doing
Even with those limits, expungement is well worth pursuing. Being able to truthfully tell most private employers that you were not convicted can open doors that a DUI conviction would otherwise close, and the dismissal reflects on the public record that the case was resolved in your favor under this statute. For many people, removing that barrier to employment and professional opportunity is one of the most meaningful steps after a DUI is behind them.
Early termination of probation
One useful strategy is to seek early termination of probation first, where the facts support it, and then move for expungement immediately afterward. The statute expressly allows relief for a defendant "discharged prior to the termination of the period of probation," which means completing the substantive conditions, the program, the fines, and a clean record, can support cutting probation short and then clearing the conviction sooner. I look at whether early termination is realistic as a way to accelerate the path to expungement.
How I handle an expungement
I review the case to confirm eligibility, including whether probation was completed or can be terminated early and whether any violation needs to be addressed through the court's discretionary authority. I then prepare and file the petition and, where helpful, present the equities, completion of all conditions, rehabilitation, and the importance of relief to employment, so the court has every reason to grant it. For a straightforward, completed-probation DUI, the process is usually direct.
What expungement does not change
To set expectations honestly, it helps to list what expungement leaves untouched. It does not seal or destroy the record in the way arrest sealing does; the case still exists, now shown as dismissed under this section. It does not erase the DUI for purposes of a future DUI's priors within the ten-year window. It does not restore firearm rights that a felony may have affected, and it does not undo the DMV's separate record or any license action. For certain professional licensing and government applications, the conviction may still need to be disclosed. None of this diminishes the real value of the relief, but understanding the boundaries lets a client make an informed decision and avoid unpleasant surprises later. I walk through these limits candidly so the benefit is clear and the expectations are accurate.
How it fits the larger picture
Expungement is the final step after a DUI case has run its course, and it is distinct from the defense to the original charge, which centers on the lawfulness of the stop and the reliability of the chemical testing. For deeper detail see my dedicated guide on expunging a DUI conviction, along with my top DUI defenses and the defenses guide.
Ready to clear a past DUI? Let's talk.
If you have completed probation, expungement may be within reach, and walking you through it is exactly what I do. Use the free case analysis on this page, or call me directly at (888) 271-6644. I answer my own phone, 24/7.