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Expungement Lawyer | Can A DUI Be Expunged?


An expungement lawyer helps you get back rights and opportunities after your arrest or conviction.

If you are done with your case, an expungement lawyer helps you file for a dismissal, which is commonly referred to as an expungement.


If you have completed DUI informal or summary probation, you can ask the court to:

  1. to set aside a guilty verdict, or
  2. to take back your guilty or no-contest plea, and
  3. dismiss the complaint.

There are some tricky rules that go along with the process. The Law Office of Richard Wagner will help you.

For example, if you:

  1. Completed probation or probation was terminated early with court approval, and
  2. You are not currently serving a sentence, or on probation, or charged with any offense,
  3. Your petition for dismissal should be granted by the court.

On the other hand, you can't get your case dismissed under Penal Code Section 1203.4 if your probation was terminated early because you were sent to prison for a probation violation.

Also, you cannot get a dismissal under California Penal Code Section 1203.4 if you were convicted of anything in California Penal Code §1203.4(b).

If you get your petition for dismissal granted for your DUI, the DMV and the court can still use it against you. 


Caution: Beware of law firms or lawyers who claim to expunge records who promise that they will clear or expunge your record. When the judge dismisses your case under California Penal Code Section 1203.4, your court record is not “expunged” or “sealed.” Your record is not “erased”, “destroyed” or “removed.”

If you were found guilty at trial, then your guilty verdict will be set aside. Or if you entered into a plea bargain, then your guilty or no-contest plea will be withdrawn. Also, the complaint will be dismissed. In addition, an extra entry, “dismissed,” is made on your record. 

Your record remains fully public. Expungement and sealing laws restrict access to criminal records.


A private employer may not ask you about any misdemeanor conviction, including a DUI, dismissed under California Penal Code Section 1203.4. So when you apply for a job in the private sector, and you see this question on the application: Do you have any convictions?  You can honestly and legally answer “No” to this question.   

statue of liberty

Photo by Fabian Fauth on Unsplash 

Get rid of the stigma and discrimination associated with a criminal record.

Even though the law says you must be released from all “penalties and disabilities” resulting from the conviction,  there are numerous and substantial limitations, and the procedures are burdensome. You should consult expungement lawyer Richard Wagner to get a clear idea about the expungement process in California.

Only a small percentage of those who are eligible for relief actually get it. These petitions are difficult, time-consuming, and expensive to prepare, especially without a lawyer.

Call 714-721-4423 or contact The Law Office of Richard Wagner, A Professional Corporation, for a FREE CONSULTATION.