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.
https://www.greghillassociates.com/can-a-judge-deny-a-request-to-expunge-a-dui-under-1203-4-c.html.
Greg Hill & Associates (310) 782-2500 