Expungement Attorney in Orange County
DUI-Focused Defense Since 1997. We Know the Record Before We File.
A DUI conviction doesn’t end at sentencing. For many Orange County residents, it resurfaces on job applications, professional licensing reviews, and housing decisions for years afterward. Braden & Tucci has focused exclusively on DUI and DMV defense since 1997, and that focus shapes how we approach every expungement petition: we already understand how the original conviction was built, what the record reflects, and how Orange County courts handle these cases.
Vincent Tucci, who served as president of the California DUI Lawyers Association and co-chairs the DUI Committee for the California Attorneys for Criminal Justice, leads our work on these cases. He holds the AV Preeminent rating from Martindale-Hubbell, the highest possible rating from that organization. Every client works directly with our attorneys. There are no handoffs to junior staff.
If you have a DUI conviction and want to understand your options, call us at (949) 996-0170. Free consultations are available, including virtual appointments for clients throughout Orange County.
What a California DUI Expungement Actually Does
California doesn’t erase criminal convictions. What Penal Code 1203.4 provides is a dismissal: the court withdraws the original guilty or no-contest plea, enters a not-guilty plea, and dismisses the case. The court record then shows the case as dismissed pursuant to Penal Code 1203.4 rather than as an active conviction.
That distinction matters practically. Most private employers running background checks will see the dismissal notation, and under California law, you can lawfully answer “no” to most private-employer conviction questions after a PC 1203.4 dismissal is granted. For professional licensing, a single dismissed conviction generally can’t be the sole basis for denial under California Business and Professions Code section 480(c), which can strengthen your position when applying for a state license.
Limitations You Should Know
A PC 1203.4 dismissal does not clear your DMV record. A DUI conviction remains on your driving record for 10 years from the date of arrest, which continues to affect insurance rates. Under California Vehicle Code section 23540, a prior DUI conviction can also still be used to enhance sentencing if you are arrested for another DUI within that 10-year lookback period. The dismissal doesn’t change that.
Disclosure requirements remain in certain contexts as well. Applications for state professional licenses, government employment, and public office typically require you to disclose the original conviction and its subsequent dismissal. Knowing which category your situation falls into before you file is part of what a careful eligibility review addresses.
We review your conviction record, probation status, and compliance history before recommending a path forward. Call Braden & Tucci at (949) 996-0170 to schedule a free consultation, in person or virtually, and find out whether a petition for dismissal may be available in your case.
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We help you move forward
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“The outcome far exceeded the expectations that were initially set.”
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“Mr. Tucci is an aggressive bulldog attorney that you want representing you!”
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“Thank you again, Mr. Tucci, through your efforts you have altered the course of my life. Truly the greatest to have ever done it.”
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What sets us apart:
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Zealous, Individualized Representation for Your Case
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Proven Successes in Trial, in Court & with the DMV
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Certified in Alcohol Screening & Field Sobriety Testing
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Southern California’s Most Respected DUI Attorney
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Former President of the CA DUI Lawyers Association
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Southern California’s Most Aggressive and Successful DUI Attorney
Eligibility for DUI Expungement in Orange County
The core requirement under PC 1203.4 is that you have completed probation, or had it terminated early, and are not currently serving a sentence, on probation, or facing pending charges for another offense. For a standard DUI conviction, that typically means satisfying all of the following conditions:
Common DUI probation requirements:
- All fines and fees paid
- Required alcohol education program completed
- MADD Victim Impact Panel attended
- Any community service served
- Ordered license suspension or restriction completed
If you’re still on DUI probation, there’s another option. Under Penal Code section 1203.3, you can petition the court for early termination of probation. Courts weigh your compliance record, evidence of rehabilitation, and whether early termination serves the interests of justice. If granted, the path to a PC 1203.4 dismissal may open.
A probation violation makes the outcome discretionary rather than mandatory. The court can still grant the petition, but it will weigh all the circumstances. People who served time in California state prison for a DUI conviction are generally not eligible for PC 1203.4 relief, though realignment exceptions under PC 1203.42 may apply in some felony DUI cases. Most misdemeanor DUI convictions and many felony DUI convictions sentenced to probation are eligible.
Petitions in Orange County are filed at the Orange County Superior Court division where the conviction occurred, using Petition for Dismissal form CR-180 and Order for Dismissal form CR-181. As of July 2023, California eliminated the court filing fee for PC 1203.4 expungement petitions.
How We Handle the Process for Orange County DUI Clients
We begin with a review of your conviction record and probation history to confirm eligibility and identify any complications before anything is filed. From there, we prepare the CR-180 petition and any supporting declarations, file at the appropriate Orange County Superior Court location, and serve the prosecutor’s office.
In uncontested misdemeanor cases where all requirements are met, many courts grant the petition without scheduling a hearing. When a hearing is set, we appear and present rehabilitation evidence on your behalf. In many misdemeanor DUI cases, our attorneys can appear at the hearing without requiring you to be present. After the court grants the petition, we work to have the dismissal reflected accurately in the relevant agency records so that background checks show the correct status.
Vincent Tucci has represented clients before the DMV more than 2,000 times and has tried close to 100 DUI jury trials. That familiarity with Orange County courts and the records that flow from DUI cases directly informs how we prepare and present an expungement petition. Our established relationships within the local legal community are part of how we navigate the process for our clients.
Start Your Expungement Consultation Today
If you have a DUI conviction in Orange County and want to understand what a petition for dismissal could mean for your record, we’re ready to review your situation. Free consultations are available by phone or virtually.
Call Braden & Tucci at (949) 996-0170 to speak with an expungement attorney in Orange County who knows DUI law from the inside out.
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We Know What You're Facing. We Know How To Win.