Expungement Eligibility
Fulfilled Conditions of Probation
The next requirement to expunge a drunk driving conviction is that the DUI / DWI defendant has fulfilled the conditions of probation. If there were terms and conditions of probation that were imposed by the court and not completed by the probationer, a petition for expungement (expungement form) or a motion to expunge will not be granted by the court.

In a typical DUI or drunk driving case, where a defendant pleads guilty to the DUI charge (or no contest), or is found guilty following a jury or court trial, they will be placed on probation for three to five years, subject to certain specified terms and conditions. These will often include paying a fine, attending an alcohol education program, performing community service or Cal-Trans work, attending a Mothers Against Drunk Driving Victim Impact Panel, attending the Hospital and Morgue Program, and suffering a driver license suspension (driver license revocation) or restriction of the defendant’s California driving privileges.

Where the defendant has complied with all terms and conditions of probation for the entire period of probation (whether probation expires naturally or is terminated early following a motion from a qualified DUI lawyer), the defendant shall be entitled to post conviction relief (expungement of the DUI conviction) granted under California Penal Code Section 1203.4. This post conviction relief (DUI record expungement) is mandatory; the judge must grant the motion to expunge if the terms and conditions have been complied with.

However, where the defendant has not met all of his or her obligations of probation, the court has discretion to deny the expungement motion. If, for example, the court ordered community service to be performed as a condition of probation, and the community service was not performed on time, the judge may now deny the motion to expunge the conviction. If there were any problems satisfying the obligations imposed by the court, it is critical that a qualified expungement lawyer get involved to ensure that the post conviction relief will be granted.