Legal Question in DUI Law in California

I'm not as enthusiastic about so-called "expungements" as some other attorneys. It will not seal your record or erase the conviction, and your DUI will remain on your DMV record for ten years after conviction.

The correct section is Penal Code �1203.4, which allows a person who is granted probation can apply to have the case dismissed after probation is complete. The conviction is still a part of the court's public records, which will also show the case was dismissed. You still must disclose the conviction when applying to be a police officer or for certain other jobs, or if asked on an application for a state license or to run for public office.The conviction can still be considered a prior DUI conviction,which could be used to increase the punishment in subsequent DUI convictions.

You can download the forms from http://www.courtinfo.ca.gov/forms/ but I would encourage you to visit the court where you were convicted and ask the clerk for a packet of forms, which will include instructions on local procedures. The courts usually charge a small fee (ten bucks or less) for the packet.

BEWARE of law firms that promise to "clear your record" and charge thousands of dollars. The process of filing a Penal Code �1203.4 petition is pretty simple, and you can do it yourself with forms available from the court clerk's office, especially if you completed probation without any problems. If you had a probation violation along the way, you may want an attorney's help, but the guys who charge thousands to file simple paperwork will probably overcharge you for that, too.

California Labor Code �432.7 says employers can't ask about any arrest that didn't result in a conviction, inquire about it from other sources or use it in a hiring decision.

Some attorneys interpret this Labor Code section to mean you don't have to disclose a conviction that was dismissed under Penal Code �1203.4, but I usually advise clients to disclose it, with an explanation that the conviction was subsequently dismissed.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.