Why Expunge a DUI? or DWI?

Expungement of a DUI / DWI conviction is liberating. Expunging a conviction may mean not having to disclose it on a job application (see Expungement and Employment.) DUI / DWI Expungement may mean the first step towards a certificate of rehabilitation or pardon, in the case of a felony drunk driving conviction. Expunging a DUI / DWI may mean the difference between passing a background check, or not. DUI / DWI expungement is peace of mind.

DUI / DWI expungement refers to a process where a person’s DUI / DWI conviction is set aside, a judgment of not guilty entered, and the complaint against them is dismissed. The Penal Code Section that authorizes this DUI / DWI expungement relief, Penal Code Section 1203.4, explicitly states that the individual is, thereafter, to be relieved of all disabilities flowing from the former DUI / DWI conviction.

DUI / DWI expungement (also known as DUI / DWI-post conviction relief) therefore allows someone who has suffered a DUI / DWI conviction to deny the DUI / DWI conviction on a job application. This is one of the chief benefits to DUI / DWI record expungement.

DUI / DWI expungement is not perfect [post conviction] relief, however. Expunging a DUI / DWI conviction (commonly referred to as a DUI / DWI arrest record expungement) via Penal Code Section 1203.4 does not prevent the expunged conviction from being revived in a later prosecution for second- or third-offense drunk driving, for example. As a general rule, an expunged DUI / DWI conviction can be revived where a prior conviction is an element in a new substantive offense.

Any discussion of DUI / DWI expungement of a DUI / DWI conviction would be incomplete without noting those times when disclosure of the expunged DUI / DWI conviction is required: Penal Code Section 1203.4 requires that any person who earns an expungement (either misdemeanor expungement or felony expungement) must disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery. Disclosure of the expunged conviction is unavoidable in those circumstances.