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Can a DUI Be Expunged in California? by Anna R. Yum

A DUI conviction in California does not always remain on your record forever. In many cases, a DUI conviction expungement is possible under California Penal Code § 1203.4. This process allows eligible individuals to withdraw a guilty plea or no contest plea, enter a not guilty plea, and request that the court dismiss the case. A San Diego criminal attorney can help determine whether you qualify and guide you through the proper court procedures.

Law Offices of Anna R. Yum
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At the Law Offices of Anna R. Yum, San Diego DUI attorney Anna R. Yum assists clients with California DUI expungement petitions, early probation termination, and court hearings in San Diego County courts. Many people must first complete probation or seek early discharge from probation before filing a petition for dismissal. Courts review probation completion, compliance with probation terms, and whether all fines and restitution have been paid.

The San Diego Superior Court handles expungement requests, and some cases require a court hearing where a judge will evaluate eligibility and issue a court order granting expungement. The district attorney may oppose requests if there has been a probation violation or new arrests. Working with a DUI defense attorney helps ensure that all legal steps are completed correctly.

Expungement (dismissal) can improve employment opportunities because background checks may show the case as dismissed rather than an active conviction. California Labor Code § 432.7 limits what private employers can ask about judicially dismissed convictions, and the California Fair Chance Act under Government Code § 12952 also restricts how conviction history can be used. However, professional licensing boards such as the State Bar of California, Medical Board of California, and Board of Registered Nursing may still require disclosure.

It is also important to understand what expungement does not change. DUI enhancements may still apply in future cases. An expunged DUI can be pleaded and proved for penalty purposes under California Vehicle Code § 23540, including second DUI within 10 years cases that carry harsher penalties, license suspension, and mandatory jail time. Expungement also does not remove the conviction from the California Department of Motor Vehicles (DMV) driving record.

Non-citizens should also be aware of immigration consequences. USCIS may still consider the original conviction in visa applications, green card renewals, or naturalization proceedings.

Anna R. Yum, Esq., a former Deputy District Attorney, represents clients at San Diego Superior Court locations including Central, Vista, El Cajon, and Chula Vista. To discuss DUI expungement, early probation termination under California Penal Code § 1203.3, or filing a petition for dismissal, call (619) 233-4433 to schedule a consultation at the downtown San Diego office.

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