Can a Judge Deny a Request to Expunge a DUI under VC 12810?

The answer to the question posed in the title to this blog post is yes, much to the surprise of many judges, defense attorneys and even prosecutors. Under Penal Code § 1203.4(c)(1) and (c)(2), a judge has discretion to deny a petition for dismissal (expungement) when the conviction is for an offense listed under Vehicle Code § 12180. DUI is listed under § 12180. For more information about this little-known provision, click on the following link.


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