Expungement is the reward for successfully completing probation. It is done by filing a motion pursuant to Penal Code Section 1203.4 which, if granted, changes the court record in your case to state that you pleaded not guilty and the case was dismissed. Thereafter, you are entitled to answer “NO” to the question of whether you have ever been convicted of a crime.
If you have completed all the terms of your probation the judge must grant the motion. However, in the case of a violation of Vehicle Code Section 23152 or 23153, the judge has discretion in the matter and may not do so.
It is also important to understand that an expungement does not erase your criminal record; it merely changes it. That means if an offense if priorable, it remains so. Also, an expungement does not change your DMV record.
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