Is it possible to have a past DUI conviction removed from my record?

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February 10, 2016

SHORT ANSWER

A prior conviction can be expunged pursuant to Penal Code 1203.4.

LONG ANSWER

Penal Code 1203.4 allows an individual with a prior conviction(s) to petition the court to dismiss the prior charges. However, “dismiss” in this case can be misleading. Rather than the prior conviction(s) being completely erased from your record, your record will read that the prior conviction(s) were “dismissed pursuant to Penal Code 1203.4.”

DUI expungements are discretionary by the court. In general, the court likes to see that the probation term has been completed without any hiccups. However, it is possible to petition the court to terminate probation early and expunge the conviction before the end of the initial probation term.

The Sacramento Law Library has an informative self-help expungement video that explains how to file an expungement. This resource also provides a step-by-step PDF that outlines how to fill out the paperwork. The link for the video is below:


©Law Office of Ryan T. Kocot