In California, I had five DUI convictions in the 1990s. What are my chances of getting an expungment or pardon?

Question

In California, I had five DUI convictions in the 1990s. What are my chances of getting an expungment or pardon?

Anonymous Jan 31, 2009 2 views 3 answers

Four of the DUIs were for being over the legal limit, the other was for a wet reckless, under the legal limit. My last DUI arrest was in 1997. There were no injuries or accidents involved in any of the incidents. On the last one, due to the number of DUIs in a seven year period, I sentenced to State Prison. I know what I did was wrong, but at the time, of my first DUI, I was a Deputy Sheriff, and dealt with some terrible situations, involving murders, child abuse and seeing the evil that men can do, especially when I saw some of the institutional criminal behavior of my fellow law enforcement officers. In many situations, I had to cover for fellow officers(as directed by superiors), when they routinely violated the civil rights of ordinary citizens, who committed nothing criminal, but were in "contempt of cop", whereby charges were trumped up, typically resisting arrest. I used alcohol to anesthetize my inner feeling of self loathing for compromising my principles and to fade the images of people with a bullet hole in their head with their brains splattered on a pillow or the homeless families living in a van with no place to go and my sadistic partners impounding their vehicle, whereby the family had no place to go. Now with the new public awareness of Post Traumatic Stress Syndrome, I realize that I had all of the symptoms of PTSD. Up until my time on patrol, I had no alcohol problem. I internalized all of my problems, I never wanted to tell my wife about what I had to deal with on a daily basis, as I did not want her to experience the horrors by proxy. You could not talk to other cops about how you felt, yet they would consider you, "weak". Several others tried to report abuses, and in return, had their careers destroyed and were stressed out so much they resigned from the department. Things have changed somewhat since my time as cop and the code of silence is not as strong as it used to be. I am hoping that my PTSD, may be a mitigating factor regarding my alcohol abuse. I have been sober since 1997 and have had no other legal problems since my last arrest in 1997. Now days, it hard to find gainful employment with a felony on your record. Is there any way I can have my record modified. Subsequent to my last conviction in 1997, completed law school and have a JD Degree. I have yet to take the BAR exam as my felony conviction may stand in the way of being admitted to the California Attorney's BAR. Any help will be appreciated. Hindsight is 20/20, and there is not a week that goes by, that I do not think of the mistakes I made. I would love to go back in time and change the way I handled the situation. But," the cows have already left the barn", I am just trying to restore some dignity to my life.

Jeffrey Pollock · Accepted Answer · 2026-06-15T10:26:00+00:00

In PA, you can never get an Expungement of a conviction of a Misdemeanor or Felony (with the possible exception of being older than age 70 in the right circumstances). The only chance you would have here -- and I assume in CA as well, esp. due to your lengthy record -- would be to seek a Governor's Pardon with as much supporting documentation (e.g., Affidavits, GPAs, Reference Letters, proof of sobriety, etc.). Best of luck.

John Kaman · Accepted Answer · 2026-06-15T10:26:00+00:00

As I am sure you know Jeffrey's answer wouldn't be valid for CA. Here we do expunge misdemeanors and felonies while governors pardons are next to impossible to get. PC § 1203.4 governs what we call expungements. I see no reason why you couldn't expunge them all since they are all 10+ old. There's still a problem, however, and that is thses matters must be disclosed in applications for a state license like the bar. Please spend one hour of a bar specialist's time to figure out how to get around your past. It is not a problem now and you shouldn't be penalized for it forever.

Dorsett Phillips · Accepted Answer · 2026-06-15T10:26:00+00:00

Mr. Kaman in correct. In California, DUI can be expunged per Penal code section 1203.4. However, as of January 2009, expungement is no longer mandatory, but is in the discretion of the judge. That said, I have never had a judge say no, so I think it is well worth your time and efforts to pursue. Most courts have the forms for free or they can be downloaded off the internet so you can do it yourself. However, most good DUI attorneys charge very reasonable fees for 1203.3 petitions and with a felony prior- is money well spent. One last thought, felonies can also be reduced to misdemeanors and then also expunged. This might be of significant importance should the unexpected happen, and you are charged with another DUI in the future. Remember, even with expungements and reductions, you must report to the State Bar per the statute. However, there are LOTS of attorneys who have had DUI's so it is probably not the end of the world. The State Bar web page has good info on the substance abuse program. Again, I think you would be best advised to consult with a DUI expert in you area. Best of luck in your future endeavors Michael Phillips

In California, I had five DUI convictions in the 1990s. What are my chances of getting an expungment or pardon?

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