Post-Conviction Relief
DUI Expungements: Penal Code § 1203.4 Record Sealing & Employment Protection
Legal Counsel Review: Senior DUI Trial Attorney & Forensic Specialist•Published: September 2, 2026•Statutory Jurisdiction: State & Federal Courts
A DUI conviction creates a public criminal record that appears on employment background checks, apartment rental screenings, and professional license audits. Securing post-conviction relief under California Penal Code § 1203.4 dismisses the conviction and restores your record.
1. Eligibility Requirements for Penal Code § 1203.4 Relief
- Completion of Probation: All conditions of summary or formal probation—including community service, AB 541 alcohol education, and fine payments—must be fully satisfied.
- No Pending Criminal Charges: The applicant must not currently be serving a sentence or facing pending criminal charges in any jurisdiction.
- Early Termination of Probation (PC § 1203.3): If you have completed at least half of your probation term with exceptional compliance, counsel can petition for early termination alongside expungement.
| Record Status | Before Expungement | After PC § 1203.4 Expungement |
|---|---|---|
| Private Employer Background Checks | Conviction Disclosed as Misdemeanor Guilt | Legally Disclosed as 'Dismissed in the Interests of Justice' |
| Job Application Question ('Have you been convicted?') | Must answer 'Yes' | Can Legally Answer 'NO' to Private Employers |
| State Professional Licensing Boards (Nursing, Bar, Real Estate) | Must disclose with explanation | Must disclose, but board receives proof of formal judicial dismissal |
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Authored & Verified by Duiattorneysonline Senior Trial Counsel
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