A DUI can follow you long after the case is closed: on job applications, background checks and housing applications. California law gives many people a way to clean up that record. It is not a complete erasure, but for many people it makes a real difference.
What "expungement" means in California
In California, what people call an expungement is usually a dismissal under Penal Code section 1203.4. When it is granted, the court allows you to withdraw your guilty plea, or sets aside the guilty verdict, and dismisses the case. Your record is updated to show that the case was dismissed.
Most DUI convictions in California are misdemeanors that come with probation, which means many of them may qualify.
Who may qualify
Generally, you may be eligible to have a DUI dismissed if:
- You have completed your probation, or the court has ended it early.
- You are not currently serving a sentence for another offense.
- You are not currently charged with another crime.
If you were not granted probation, different sections of the Penal Code may apply, sometimes with a waiting period. Eligibility depends on the details of your case, so it is worth having your records reviewed.
Probation ending early. A typical DUI probation lasts several years. In some cases the court may agree to end probation early, for example when all fines are paid and classes are complete. Ending probation early can open the door to an expungement sooner.
What an expungement can do
- Employment. For most private employers, you are generally not required to disclose a dismissed conviction. California also limits when many employers can ask about criminal history at all.
- Background checks. The case should show as dismissed, which reads very differently from an open conviction.
- Peace of mind. For many people, closing this chapter matters as much as any practical benefit.
What an expungement does not do
It is just as important to understand the limits:
- It still counts as a prior. A dismissed DUI can still be used as a prior if there is a new DUI within 10 years. See second and third DUI.
- It does not change your DMV record. The DMV keeps its own driving record, and a DUI generally stays there for 10 years.
- Some applications still ask. You may still need to disclose the conviction on certain applications, such as for some state professional licenses, government positions or law enforcement jobs.
- It does not undo a license suspension that has already been imposed.
How the process generally works
- Gather the records. Your case number, the court where you were convicted, and proof that probation and its terms were completed.
- File a petition with the court that handled your case, and serve it on the prosecutor.
- The prosecutor may respond. Some petitions are unopposed; others are contested.
- The judge decides. Some petitions are decided on the paperwork; others need a hearing. In some situations the decision is up to the judge's discretion, which is where a well-prepared petition and your story can help.
California has also expanded automatic record relief for some older convictions. It does not cover every case or every situation, so it is still worth checking where your record stands rather than assuming it has been cleared.
When it makes sense to start
If your probation is close to ending, it can help to start gathering records now, so a petition can be filed as soon as you are eligible. If probation still has years left and your fines and classes are done, ask whether a request to end probation early makes sense. And if you are applying for a new job, a promotion or a professional license, it is worth checking your record well before the background check happens.
Arrests that did not lead to a conviction
If you were arrested for DUI but the case was never filed, was dismissed, or ended in an acquittal, a different process may allow the arrest record itself to be sealed. Learn more about record sealing and expungement.
Talk to Marcus
Marcus E. DeBose has helped San Diego clients with DUI cases and their records since 2001. He can review your case, explain what you may qualify for, and handle the petition. Your first consultation is free, in person at the Mission Valley office, or by phone or Zoom. Hablamos español.
This article is general information about California law, not legal advice for your situation. Laws on expungement and record relief change often, and eligibility depends on the details of each case. Reading it does not create an attorney-client relationship.