San Diego DUI criminal defense attorneys are often asked about getting a DUI or drunk driving off one's record.

If you are convicted of a misdemeanor, after conclusion of probation, you may petition the court to grant dismissal of the accusatory pleading pursuant to Penal Code section 1203.4.

As long as you have fully complied with and performed any sentence of the court, you are not then serving a sentence for any offense, you are not then on probation for any offense, and you are not then charged with committing any offense, you are eligible for relief.

Relief includes the set aside of an plea of guilty or no contest, and any verdict; a plea of Not Guilty is entered and the accusatory pleading is dismissed.

Upon granting the relief, the defendant is released from all penalties and disabilities resulting from the conviction of the offense, except as indicated below:

The order granting relief does not relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public offense, for licensure by any state or local agency, or for contracting with the California State Lottery.

The order does not permit the defendant to own, possess, or have custody or control of any firearm capable of being concealed upon the person, and it does not prevent conviction of the defendant under Penal Code section 12021.

The relief granted by PC 1203.4 does not seal, destroy or remove any entries from the court, law enforcement or Department of Justice records, but is a dismissal of the charges and convictions. Upon the granting of the petition, a notation will be entered on the record that the relief was granted pursuant to this statute. The Department of Motor Vehicles shall still consider the conviction for purposes of revocation or suspension of the driving privilege pursuant to Vehicle Code section 13555.

If you get a DUI over the ten year period (under present law) following any conviction, a dismissed misdemeanor conviction for DUI may still be used against you to enhance penalties or increase punishment by court or DMV.

As far as answering any question by any prospective employer, please always first contact your attorney and give him the exact wording of the question before you answer it. I can always be contacted to assist with this, if necessary.