EXPUNGEMENTS

Where Probation Granted (PC §1203.4)
If a person successfully completes probation (including restitution), or the court terminates probation early, he can ask the court to set aside the guilty verdict, or withdraw the plea of guilty or no contest, enter a plea of not guilty, and dismiss the charges. If the person is not currently serving another sentence, on probation, or charged with any other offense, the court must grant expungement.

If a misdemeanor is expunged under Penal Code Section 1203.4, one need not disclose the conviction to a private employer (e.g., in a job application). However, one must disclose the expunged conviction in a questionnaire or application for public office, licensure by the government (e.g., applications for professional licenses), or to contract with the state lottery.

Where Probation Not Granted (PC §1203.4a)
If a person is convicted of a misdemeanor and not granted probation, he can ask the court to set aside the guilty verdict, or withdraw the plea of guilty or no contest, enter a plea of not guilty, and dismiss the charges. If one has completed the sentence, and is not currently serving another sentence, on probation, or charged with any other offense, and lived an “honest and upright” life obeying the laws since the judgment, the court must grant expungement.

Unlike Penal Code Section 1203.4, Penal Code Section 1203.4a does not explicitly require one to disclose the conviction in a questionnaire or application for public office, licensure by the government (e.g., applications for professional licenses), or to contract with the state lottery. However, the law is unclear whether one needs to disclose the conviction to private employers.

Finally, an expunged DUI conviction may be used as a prior conviction to enhance the sentence of a subsequent DUI conviction if the prior offense occurred within 10 years of the subsequent offense.