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Can I get my two misdemeanor dui's expunged from my record so a new employer cannot see them?

Fresno, CA |

I have two dui's, classes are almost finished, community service is done with, fines are paid off and I am half way through my probation.

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Attorney answers 5


There is no such thing as "expungement" in California. The best you can do is get a post conviction dismissal per PC 1203.4. However, your arrests and convictions will still show up on your rap, but there will be a notation showing they've been dismissed. There is no mechanism that will wipe clean your record. So the answer to your qestion is, No you can't expunge them from your record so your employer cannot see them.

Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.


In addition to what my colleague has stated you cannot get an expungment without good cause and completion of community service. The expungment is not an eraser.


Generally, in Fresno, the probation has to be at least halfway done before a motion to terminate probation early could even be entertained by the court. Also there must be a compelling reason and unusual circumstance that will convince a judge to terminate probation early.
As far as expungement, if the expungement is granted a new plea of " not guilty" is entered and the matter is dismissed. If your employer is government- related, they will always be able to see your conviction, even if it is dismissed. If its a private employer that info will not be available to them.

Chris J Feasel

Chris J Feasel


Your last statement is not correct. The arrest and conviction will be there, just with a notation saying dismissed per 1203.4. But anyone running a Doj rap will see it.


In Ca. you cannot be on probation while requesting to have your conviction set aside or dismissed. You either have to finish probation or ask for an early termination of probation before the court can even consider dismissal of the charges. If you would like to further discuss your matter, please feel free to contact us at 559-439-9999.

The answer is based upon the limited information provided and does not create an attorney-client privileged relationship.


To obtain an expungement you must successfully complete probation. If one of the DUIs occurred when you were on probation for another DUI you probably won't be able to get that DUI expunged since the new DUI would have been a violation of probation. Expungement of DUIs is discretionary with the judge. I doubt with two DUIs that most judges would terminate probation early, so you'll probably have to wait until you complete the three years of probation.

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