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Expungement eligibility calculator.

Find out whether your California DUI or wet reckless conviction can be expunged under Penal Code 1203.4. Covers probation completion requirements, what expungement actually does and does not do, and the filing process in your county. Free written report delivered to your inbox.

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This tool is for people who have already been convicted and are asking about expunging that conviction.

What California expungement under PC 1203.4 is

Penal Code 1203.4 allows a person who has fulfilled the conditions of probation for a misdemeanor or felony to petition the court to withdraw the guilty plea, enter a not guilty plea, and have the case dismissed. The result is a conviction that has been formally dismissed by the court. This benefits the petitioner when applying for most private-sector employment, housing, or licensing, because they can truthfully state that they have not been convicted, the conviction was dismissed. The dismissal appears on the court record alongside a notation that it was dismissed per PC 1203.4, so it is not invisible to all parties, but it carries significant legal weight for most background check contexts.

Free expungement calculator

Tell me about your conviction

Step 1 of 8
What is the conviction you want to expunge?
How long ago was the conviction?
Did you serve any time in state prison?

Penal Code 1203.4 applies only to cases where probation was granted. State prison sentences are handled under a different provision.

What is your current probation status?
Have you completed all probation requirements?

This includes fines paid, DUI program completed, community service done, and any other conditions.

Do you have any subsequent convictions since the DUI?
In which California county was the DUI conviction?

The expungement petition is filed in the court of conviction.

Where should I send your free report?

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Thank you. Your expungement eligibility analysis is on its way.

Your expungement eligibility analysis is on its way. It covers whether you qualify under PC 1203.4, the probation requirements, what expungement does and does not do, and the filing process in your county.

If you do not see it within 15 minutes, check your spam folder. To speak with a California DUI attorney now, call (888) 271-6644.

What expungement does NOT do

Expungement under PC 1203.4 has important limitations that are frequently misunderstood. The DMV driving record is separate from the court record: a DUI expungement does not remove the offense from your DMV record, where it will remain for 10 years from the conviction date and continue to affect insurance rates. Immigration status is not affected, a DUI expungement does not cure immigration consequences of the underlying conviction for non-citizen petitioners. Professional licensing boards (nursing, medical, legal, teaching, real estate) are permitted to consider expunged convictions and often require disclosure. Federal background checks, including those required for federal employment and firearm purchases, still reflect the original conviction. And critically, an expunged DUI still counts as a prior offense for sentencing purposes in any future DUI case.

The probation completion requirement

The threshold requirement for PC 1203.4 relief is still completion of probation, or early termination of probation under PC 1203.3. If you are still on probation, I normally have to either wait until your probationary term ends or ask the court to terminate probation early first. A judge weighing early termination looks at your compliance record and how much time you have served on probation. The judge also looks at the circumstances of the DUI case and what has changed since sentencing.

A probation violation does not create an automatic bar under PC 1203.4(a)(1). Missed appointments, failed tests, unpaid probation condition fines, an unfinished DUI program, or incomplete community service can make the petition harder and can move it from the as of right path to the discretionary "interest of justice" path. Restitution is different. After Assembly Bill 134, Stats. 2023, chapter 47, section 6, effective July 10, 2023, PC 1203.4(c)(3) says a petition shall not be denied because of an unfulfilled restitution order or restitution fine, and that unpaid restitution cannot be used by itself to say probation was not completed. I wrote more about unpaid fines, fees, and restitution in a DUI expungement.

The filing process

The expungement petition is filed in the court of conviction, typically in the criminal division of the superior court for the county where the DUI was prosecuted. The petition is served on the district attorney's office, which has the opportunity to object, though misdemeanor DUI expungements are routinely unopposed when all requirements are met. Felony expungements may face more scrutiny, particularly for DUI causing injury. Once filed, the process typically takes four to eight weeks to schedule a hearing and obtain a ruling. Court filing fees apply, and an attorney can often handle the petition without requiring you to appear in court.

Common questions

What people ask about DUI expungement

Can I expunge a DUI conviction in California?

Yes, in most cases. Misdemeanor DUI convictions under Vehicle Code 23152 are eligible for expungement under PC 1203.4 once probation is over or early termination has been granted, and the probation conditions have been met, except that unpaid restitution or a restitution fine cannot by itself defeat relief under PC 1203.4(c)(3). Wet reckless convictions under VC 23103.5 are also eligible. Felony DUIs may be eligible depending on whether you served time in state prison versus county jail. State prison sentences are handled under a different code section. The calculator above identifies your specific situation.

What does expungement actually do?

Under PC 1203.4, the court withdraws your guilty or no-contest plea, enters a not guilty plea, and dismisses the case. You can then truthfully state on most job applications that you have not been convicted of that offense. However, the dismissal notation remains on the court record, so it is visible to parties who access court records directly. It does not seal or destroy the record, it formally converts the status from "convicted" to "dismissed per PC 1203.4."

Does expungement remove the DUI from my driving record?

No. The DMV driving record is entirely separate from the court criminal record. A DUI expungement under PC 1203.4 has no effect on your DMV record. The DUI will remain on your driving record for 10 years from the conviction date and will continue to appear in insurance background checks and employer checks that include DMV records. Insurance rates will not improve until the offense ages off the DMV record.

Do I have to finish probation before I can expunge?

Yes. Completing probation is the primary threshold requirement. If you are still on probation, you have two options: wait until probation ends naturally, or file a separate petition under PC 1203.3 for early termination of probation, then immediately file the expungement petition. Courts are often receptive to early termination when the petitioner has been fully compliant for an extended period. A probation violation does not automatically bar expungement. It pushes the petition onto the discretionary interest of justice route under PC 1203.4(a)(1), rather than relief as of right.

Can I expunge a felony DUI?

It depends on how the sentence was served. If the felony DUI resulted in a grant of probation with county jail time (not state prison), you are eligible for PC 1203.4 expungement once probation is completed. If you served time in California state prison, PC 1203.4 does not apply, you would need to pursue relief under PC 1203.4a or seek a certificate of rehabilitation under PC 4852. The calculator identifies which path applies based on your answers.

Is this calculator legal advice?

No. The calculator output is for informational purposes only and does not create an attorney-client relationship. Legal advice, meaning advice specific to your circumstances given by a licensed attorney who has reviewed the full record, comes only after a consultation. The consultation is also free and creates no obligation to retain.

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