Dismissing Your DUI Case After Successful Probation (PC 1203.4 Expungement)
Once you successfully complete probation we can do a Penal Code (PC) 1203.4 expungement. This process allows eligible individuals to have their conviction dismissed, providing significant relief in the job market and other areas of life.
The Power of Penal Code 1203.4
An expungement under PC 1203.4 does not erase the fact that a conviction occurred, but it does change the public record to reflect that the case was “dismissed” after you fulfilled your probationary terms. This is a powerful legal remedy that allows you, in most situations, to answer “no” if a private employer asks if you have been convicted of a crime.
Eligibility Requirements
The primary requirement for a 1203.4 expungement is the successful completion of probation. This generally means you:
- Satisfied all court requirements, including fines, restitution, and community service.
- Completed any required classes or programs, such as drug or alcohol counseling.
- Did not violate the terms of your probation.
Even if you had a few minor violations but the judge ultimately determined you successfully completed your probation, you may still be eligible.
Contact Us After Your Probation is complete.
Once probation is successfully discharged, the attorney can file the necessary petition with the court.
- Filing the Petition: For a reduced fee (since we represented you on the underlying case) the lawyer will prepare and file the official Petition for Dismissal with the court where the conviction occurred.
- Serving the District Attorney: The local District Attorney’s office is served with the petition and given an opportunity to object.
- The Court Hearing: A judge reviews the petition and any objections. If you met all requirements and are eligible, the judge will typically grant the request.
If the judge signs the order, the plea of “guilty” or “no contest” is changed to “not guilty,” and the case is dismissed.
Life After Dismissal
The primary benefit of a successful PC 1203.4 dismissal is improved employment opportunities. When applying for most private sector jobs, you are legally permitted to state you have not been convicted of that specific offense.
It’s a crucial step in moving forward and truly putting the past behind you. If you have successfully completed probation, talk to your attorney about filing the paperwork to get your case dismissed and secure your second chance.
