DUI Expungement Attorney in Kern County

PC § 1203.4 Dismissal Lawyer

Clear Your DUI Record in Bakersfield, Delano, Ridgecrest, Wasco & All Kern County

Convicted of DUI in Kern County years ago? Your DUI conviction continues to damage your career, housing opportunities, professional licenses, and future prospects. California Penal Code § 1203.4 allows eligible individuals to withdraw their guilty or no contest plea, dismiss the conviction, and clear their record. DUI expungement provides a fresh start and relief from the ongoing consequences of past mistakes.

Attorney Armando Josué Cespedes provides comprehensive DUI expungement services throughout Kern County—Bakersfield, Delano, Ridgecrest, Wasco, Arvin, Shafter, Tehachapi, McFarland, California City, and every Kern County community. Perfect 5.0 Avvo rating with 34 five-star reviews and three consecutive Client’s Choice Awards (2023, 2024, 2025).

We help clients clear misdemeanor and felony DUI convictions, restore rights, improve employment opportunities, and move forward with their lives free from the stigma of criminal records.

Free Confidential Consultation: (888) 315-3326 | Available 24/7 | Hablamos Español

What Is DUI Expungement in California?

Penal Code § 1203.4 – Dismissal After Completion of Probation

What PC § 1203.4 Does: California’s expungement statute allows you to:

1. Withdraw your guilty or no contest plea
2. Enter a not guilty plea
3. Have the court dismiss the case

Effect of Expungement:

• Official court records show “dismissed” instead of convicted
• Legally allows you to answer “no” to conviction questions on most applications
• Provides relief from civil disabilities resulting from conviction
• Can improve employment, housing, and professional licensing prospects

What Expungement Does NOT Do:

• Does NOT erase or seal the conviction (record still exists but shows dismissal)
• Does NOT restore gun rights (separate process required)
• Does NOT prevent use of conviction as prior DUI (if arrested for DUI again within 10 years)
• Does NOT prevent DMV from using conviction for license suspension purposes
• Does NOT affect immigration consequences (conviction still exists for immigration purposes)
• Does NOT affect sex offender registration requirements

Critical Understanding: California “expungement” is technically dismissal under PC § 1203.4, not true expungement (which would completely erase record). However, dismissed conviction provides significant benefits for employment and civil purposes.

Why Expunge Your Kern County DUI?

Employment Benefits: According to ^[1]California Labor Code § 432.7^[1], employers generally cannot ask about or consider arrests not resulting in conviction OR convictions that have been dismissed under PC § 1203.4.

You Can Answer “No” When Asked: “Have you been convicted of a crime?”

Important Exceptions: You MUST disclose expunged conviction when:

• Applying for state or local government jobs
• Applying for state licenses (real estate, contractors, professional licenses)
• Contracting with California State Lottery
• Applying to become peace officer or work in law enforcement
• Applying for public office

Professional Licensing: Licensing boards (Medical Board, State Bar, Board of Registered Nursing, etc.) will still see conviction, but dismissal shows rehabilitation and may result in reduced discipline.

Housing: Landlords conducting background checks see dismissed conviction, but dismissal demonstrates rehabilitation and compliance with court orders.

Peace of Mind: Remove the burden of having active DUI conviction on your record.

Kern County DUI Conviction Statistics

According to the ^[2]California Department of Motor Vehicles^[2], thousands of DUI convictions occur in Kern County annually:

DUI Convictions:

• The^[2]California DMV DUI Management Information System^[2] tracks all California DUI convictions
• Kern County experiences approximately 2,500-3,500 DUI convictions per year
• Many convicted individuals remain unaware of expungement eligibility

Probation Completion: According to ^[3]Kern County Probation Department^[3], thousands of individuals complete DUI probation annually and become immediately eligible for expungement relief.

Eligibility Requirements for DUI Expungement

Basic Eligibility (PC § 1203.4)

You May Be Eligible If:

1. Completed Probation:
   – Successfully completed all terms and conditions of probation
   – OR currently on probation but at least 1 year has passed
2. Not Currently on Probation for Another Offense:
   – Cannot be on probation for any other criminal offense
   – Cannot be charged with any other criminal offense
3. Not Currently Serving Sentence:
   – Not currently serving sentence for any offense
   – Not in custody for any offense
4. Fulfilled All Court Requirements:
   – Completed DUI school
   – Paid all fines and restitution
   – Completed community service
   – Installed ignition interlock device (if required)
   – Attended victim impact panel
5. Completed community service
   – Installed ignition interlock device (if required)
   – Attended victim impact panel
6. Did Not Serve State Prison:
   – Conviction must have resulted in county jail or probation (not state prison)
   – Exception: PC § 1170(h) realignment cases (local custody for certain felonies)

Common Kern County DUI Probation Terms:

• Ignition interlock device: 6 months to 4 years
• Informal probation: 3-5 years (most first-time DUI)
• Formal probation: 3-5 years (felony DUI, multiple DUI)
• DUI school: 3, 9, 18, or 30 months
• Fines: $1,800-$5,000+
• Community service: Varies

Ineligibility – When You CANNOT Expunge DUI

You Are NOT Eligible If:

1. Served State Prison:
   – If you served time in California state prison, conviction generally cannot be expunged under PC § 1203.4
   – Exception: Felonies sentenced under PC § 1170(h) “local commitment” (county jail instead of state prison)
2. Currently on Probation for Different Case:
   – Active probation for unrelated offense disqualifies you
3. Currently Charged with Criminal Offense:
   – Pending criminal charges prevent expungement
4. Failed to Complete Probation Terms:
   – Outstanding fines, uncompleted DUI school, or other violations
5. Certain Serious Offenses:
   – PC § 288 (lewd acts with child) cannot be expunged
   – PC § 286(c), § 288a(c), § 261.5(d) (certain sex crimes)

Felony DUI Expungement: Felony DUI convictions (VC § 23153 DUI causing injury, fourth DUI) CAN be expunged if:

• You received probation (formal or informal) rather than state prison
• You completed all probation terms
• You meet all other eligibility requirements

Early Termination of Probation

PC § 1203.3 – Petition for Early Termination:

If you’re still on probation but have substantially complied with all terms, you can petition court to terminate probation early and immediately proceed with expungement.

Requirements:

• Completed at least 1 year of probation (typically)
• Completed DUI school
• Paid all or most fines
• No new arrests
• Demonstrated rehabilitation

Benefits:

• End probation supervision early
• Immediately eligible for expungement
• No longer subject to probation search conditions
• Can consume alcohol without probation violation

Kern County Courts’ Approach: ^[4]Kern County Superior Court^[4] judges have discretion to grant early termination. We present strong declarations and evidence of rehabilitation to support petitions.

The DUI Expungement Process in Kern County

Step 1: Determine Eligibility

What We Do:

• Review your case records from^[4]Kern County Superior Court^[4]
• Obtain probation records from court clerk
• Verify probation completion and compliance
• Check for outstanding fines or obligations
• Confirm DUI school completion
• Review for any disqualifying factors

Documents We Obtain:

• Abstract of judgment
• Minute orders showing sentencing
• Probation department records
• DUI school completion certificate
• Proof of fine payments
• DMV records

Step 2: Prepare and File Petition

Petition for Dismissal (CR-180): We prepare comprehensive petition including:

• Your personal information
• Case number and conviction details
• Completion of probation terms
• Reasons court should grant dismissal
• Supporting declarations
• Evidence of rehabilitation

Supporting Documents:

• Proof of DUI school completion
• Proof of fine payments
• Proof of community service completion
• Employment records
• Character reference letters
• Educational achievements
• Community involvement

Filing:

• File petition with Kern County Superior Court where conviction occurred
• Pay filing fee (approximately $120-$150) or request fee waiver
• Serve District Attorney’s office

Step 3: District Attorney Review

Prosecution Response:

• Kern County District Attorney^[5] has right to oppose petition
• DA reviews file and determines position
• Most DUI expungements are not opposed if eligibility clear
• DA may oppose if:
  • Outstanding restitution owed
  • Probation violations on record
  • New arrests or convictions
  • Serious aggravating factors in original case

What We Do:

• Address any DA concerns proactively
• Negotiate with DA’s office
• Provide additional documentation if needed
• Prepare response to opposition

Step 4: Court Hearing

Hearing Date:

• Court sets hearing date (typically 30-60 days after filing)
• Hearing held at Kern County courthouse where conviction occurred:
  • Bakersfield (Main Justice Building or Metropolitan Courthouse)
  • Delano Courthouse
  • Ridgecrest Courthouse
  • Other Kern County court locations

Your Attendance:

• Generally NOT required if petition unopposed and straightforward
• We appear on your behalf
• Court may require your presence if DA opposes or complex issues exist

Hearing Process:

• Judge reviews petition and supporting documents
• DA states position (no opposition, or opposition with reasons)
• We argue in support of petition
• Judge makes decision

Judge’s Decision:

• Granted: Court signs order dismissing conviction under PC § 1203.4
• Denied: Court denies petition (can refile after addressing deficiencies)
• Continued: Court requests additional information or documentation

Step 5: Order Dismissing Conviction

If Granted:

• Court issues Order for Dismissal (form CR-181)
• Order filed with court clerk
• Conviction status changed to “dismissed”
• Updated records sent to:
  • California Department of Justice
  • FBI
  • DMV (notation of dismissal added)

What We Provide:

• Certified copies of dismissal order
• Court-stamped copies for your records
• Advisement on how to use dismissal

Step 6: Update Records

Record Updates:

• Court records updated automatically
• California DOJ updates criminal history within 60-90 days
• FBI updates records within 60-90 days
• Private background check companies update over time

What You Should Do:

• Keep certified copy of dismissal order permanently
• Provide copy to employers if asked about conviction
• Monitor credit reports and background checks for accuracy
• Dispute inaccurate records with background check companies

Additional Relief Beyond PC § 1203.4

Certificate of Rehabilitation (PC §§ 4852.01-4852.21)

What It Is: Official certificate from Superior Court declaring you rehabilitated.

Benefits:

• Demonstrates rehabilitation to employers, licensing boards
• Required step toward Governor’s pardon
• May restore some civil rights
• Can help with professional licensing

Eligibility:

• Completed sentence and probation
• Crime-free for specific period (typically 5 years)
• California resident
• Demonstrate rehabilitation

Process:

• Petition filed in county of residence
• Extensive application and documentation
• Court hearing
• If granted, certificate issued

Governor’s Pardon

What It Is: Official pardon from California Governor.

Benefits:

• Restores nearly all civil rights
• May restore gun rights (requires additional process)
• Demonstrates rehabilitation
• Helps with employment and licensing

Eligibility:

• Obtained Certificate of Rehabilitation, OR
• 10 years crime-free after completing sentence (without Certificate)
• Exceptional rehabilitation
• Compelling circumstances

Process:

• Application to Governor’s Office
• Extensive background investigation
• Review by Board of Parole Hearings
• Governor’s decision (discretionary)

Reality: Governor’s pardons are rare and granted only in exceptional cases. Most DUI convictions do not qualify.

Reducing Felony DUI to Misdemeanor (PC § 17(b))

If Convicted of Felony DUI (VC § 23153 or fourth DUI):

Before expunging felony, can petition to reduce to misdemeanor under PC § 17(b).

Benefits:

• Felony becomes misdemeanor on record
• Improved employment opportunities
• Reduced stigma
• Still eligible for PC § 1203.4 dismissal after reduction

Eligibility:

• Felony was “wobbler” (VC § 23153 is wobbler)
• You received probation (not state prison)
• Successfully completed probation

Process:

• File petition for reduction (form CR-180)
• Court hearing
• If granted, felony reduced to misdemeanor
• Then file PC § 1203.4 petition for dismissal

Gun Rights Restoration

DUI Convictions and Firearms:

• Misdemeanor DUI: 10-year firearm prohibition (California law, effective 2024)
• Felony DUI: Lifetime firearm prohibition (state and federal)

Restoring Gun Rights:

• Misdemeanor DUI: Automatic restoration after 10 years
• Felony DUI: Reduction to misdemeanor (PC § 17(b)), then wait 10 years
• Federal restoration: Requires presidential pardon (nearly impossible)

Critical: PC § 1203.4 expungement does NOT restore gun rights. Separate process required.

Benefits of Kern County DUI Expungement

Employment Opportunities

Private Employers: According to ^[1]California Labor Code § 432.7^[1], private employers generally cannot consider dismissed convictions.

You Can Answer “No”: Most private employer applications asking “Have you been convicted?” can be answered “No” after expungement.

Background Checks:

• Dismissed conviction still appears on background checks BUT shows “dismissed”
• Demonstrates you took responsibility and completed obligations
• Shows rehabilitation

Exceptions (Must Still Disclose):

• Government jobs
• Law enforcement positions
• Positions requiring state licensing
• Jobs working with vulnerable populations (in some cases)

Professional Licensing

State Licensing Boards: California licensing boards (Medical Board, State Bar, Board of Registered Nursing, Contractors State License Board, etc.) still see dismissed convictions.

Benefits:

• Demonstrates rehabilitation
• Shows compliance with court orders
• May result in reduced discipline or no discipline
• Improves application outcomes

Examples:

• Nurses with DUI convictions: Dismissal helps avoid license suspension
• Real estate agents: Dismissal may prevent revocation proceedings
• Contractors: Dismissed DUI less likely to trigger CSLB discipline

Housing Opportunities

Landlord Background Checks:

• Landlords see dismissed conviction on background checks
• Dismissal demonstrates rehabilitation
• Improves chances of approval

Public Housing: Some public housing programs consider criminal history—dismissal helps.

Immigration Benefits

Limited Immigration Benefits: Expungement does NOT eliminate conviction for immigration purposes.

However:

• Demonstrates rehabilitation to immigration judge
• May help in discretionary relief applications
• Shows positive post-conviction conduct

Critical: Non-citizens should consult immigration attorney before pursuing expungement to understand implications.

Personal Relief

Psychological Benefits:

• Relief from burden of conviction
• Ability to honestly answer “no” on most applications
• Fresh start and second chance
• Pride in completing all requirements

Common DUI Expungement Questions

Why Choose Tu Defensor Criminalista for DUI Expungement

Kern County Court Experience

• Extensive experience with expungement petitions in all^[4]Kern County Superior Court^[4] locations
• Knowledge of Kern County judges’ expungement practices
• Relationships with court clerks and staff
• Regular appearances in Bakersfield, Delano, Ridgecrest courts

Comprehensive Service

• Handle all paperwork and filings
• Appear at hearings on your behalf (usually you don’t need to attend)
• Negotiate with^[5]Kern County District Attorney^[5]
• Address any opposition or objections
• Obtain certified copies of dismissal orders

Multiple Conviction Expertise

• Expunge multiple DUI convictions
• Handle both misdemeanor and felony DUI expungements
• Coordinate PC § 17(b) wobbler reductions with PC § 1203.4 dismissals

Early Termination Petitions

• File PC § 1203.3 early termination petitions
• Present strong rehabilitation evidence
• Expedite eligibility for expungement

Outstanding Obligations Resolution

• Help resolve outstanding fines (payment plans, reduction hearings)
• Assist with DUI school completion
• Address probation violations

Certificate of Rehabilitation

• File Certificate of Rehabilitation petitions
• Prepare comprehensive rehabilitation evidence
• Present compelling cases to court

Proven Results

• Perfect 5.0 Avvo rating
• 34 five-star client reviews
• Three consecutive Client’s Choice Awards (2023-2025)
• Hundreds of successful expungements

Bilingual Services

• Complete representation in Spanish (Hablamos Español)
• Serve Kern County’s Spanish-speaking community

Affordable Fees

• Flat fee pricing for expungement services
• Payment plans available
• Free initial consultation to assess eligibility

Kern County Courts Handling Expungements

Bakersfield Courts

• Main Justice Building 1215 Truxtun Avenue Bakersfield, CA 93301 (661) 868-5393 Most Bakersfield DUI expungements
• Metropolitan Courthouse 1415 Truxtun Avenue Bakersfield, CA 93301 Some DUI expungements

Regional Courts

• Delano Courthouse 1122 Jefferson Street Delano, CA 93215 Western Kern County DUI expungements
• Ridgecrest Courthouse 325 South China Lake Boulevard Ridgecrest, CA 93555 Eastern Kern County expungements
• Mojave Courthouse 2951 Sierra Highway Mojave, CA 93501
• Tehachapi Courthouse 20600 Highway 202 Tehachapi, CA 93561

Contact Tu Defensor Criminalista for Kern County DUI Expungement

Don’t let an old DUI conviction continue to damage your career and opportunities. You’ve completed probation, paid your debt to society, and deserve a fresh start. PC § 1203.4 expungement provides relief and opens doors to employment, housing, and professional licensing.

Call (888) 315-3326 Now – Free Consultation – Available 24/7

Office Location: Tu Defensor Criminalista 1370 Valley Vista Drive, Suite 200 Diamond Bar, CA 91765

Phone: (888) 315-3326 Available: 24 Hours, 7 Days a Week Languages: English & Spanish (Hablamos Español)

Serving All Kern County: Bakersfield | Delano | Ridgecrest | Wasco | Arvin | Shafter | Tehachapi | McFarland | California City | Taft | Mojave | All Kern County Communities

Expungement Services:

• DUI expungement (misdemeanor and felony)
• Multiple conviction expungement
• Early termination of probation
• Felony reduction (PC § 17(b))
• Certificate of Rehabilitation
• Outstanding fine resolution
• Record clearance consultation

Clear Your Record. Restore Your Opportunities. Start Your Fresh Beginning Throughout Kern County.