Can a DUI Be Expunged From My Record in California?

by Ambrosio Rodriguez | Oct 24, 2025 | Criminal Defense, DUI
Driving Under the Influence written on paper with capsules, handcuffs, car, and judge gavel. Concept of DUI offense

Yes, in many cases, a DUI is eligible for expungement from your criminal record in California.

The primary legal tool for this is a petition under Penal Code 1203.4, which allows a judge to dismiss your conviction after you’ve successfully completed probation. This process is a powerful step toward putting a past mistake behind you.

An expungement does not erase the conviction as if it never happened. Instead, your record is updated to show the conviction was dismissed.

This is a meaningful distinction—while it offers significant benefits for private employment, the original conviction may still be seen by government agencies and may be used against you if you face future criminal charges. The process has strict eligibility requirements, and recent changes to California law in 2025 have altered the timelines for some individuals.

If you have a question about your specific DUI conviction and your eligibility for expungement, call the Rodriguez Law Group at (213) 995-6767.

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Key Takeaways for DUI Expungement in California

  • Expungement provides a clean slate for private employment. Once a DUI is expunged, you may legally answer “No” on most private job applications that ask about criminal convictions, opening up significant career opportunities.
  • Successful completion of probation is non-negotiable. To be eligible, you must have fulfilled all court-ordered terms, including paying fines, finishing DUI classes, and completing your entire probation period.
  • An expungement does not erase your DMV record. The conviction remains on your driving record for 10 years, meaning it will still affect your insurance rates and count as a prior offense if you are arrested for another DUI.

What Does a DUI Conviction Mean for Your Future?

A DUI conviction creates a public record that follows you for years. This record is accessible through background checks for many of life’s most important opportunities, casting a long shadow long after you’ve paid the fines and completed the required programs.

This lingering record creates real-world obstacles, turning what feels like a past event into a present-day barrier.

How a DUI Record Creates Real-World Obstacles

  • Finding a Job: California law prohibits most private employers from asking about or using an expunged conviction in hiring decisions. However, an un-expunged DUI is fair game. It may lead to an immediate rejection, especially for jobs that involve driving, operating machinery, or positions of trust.
  • Securing Housing: Landlords frequently run background checks. A DUI conviction may cause them to view you as an irresponsible tenant, making it harder to rent an apartment or house in a competitive market.
  • Professional Licenses: If you hold or are seeking a state license (e.g., nursing, real estate, contracting), a DUI conviction must be disclosed. It may trigger investigations by the licensing board and potentially lead to the denial or suspension of your license.
  • Insurance Premiums: A DUI conviction is a major red flag for insurers. It leads to significantly higher rates and, in some cases, policy cancellation. An expungement does not clear your DMV record; a DUI stays on your DMV record for 10 years from the date of the arrest.

Are You Eligible for a DUI Expungement in California?

Before a California court will consider your petition to expunge a DUI, you must meet a set of core conditions.

The Foundational Requirements for Expungement

Alcohol offenses refer to criminal charges related to the misuse of alcohol, such as DUI,To successfully petition the court, you must be able to demonstrate the following:

  • You Must Have Been Sentenced to Probation: Expungement under Penal Code 1203.4 is specifically designed for individuals who were granted and completed probation. If you were sentenced directly to state prison for your DUI, you are generally not eligible for this specific type of relief, though other options may exist.
  • You Must Have Successfully Completed Probation: This is perhaps the most important requirement. It means you fulfilled all the terms of your sentence ordered by the court. This includes paying all fines and restitution, completing any required DUI classes or alcohol programs, attending court-ordered counseling (like MADD victim impact panels), and completing any required community service or jail time.
  • You Are Not Currently Facing Other Charges: At the time you file your petition for expungement, you cannot be on probation for another offense or be currently charged with another crime. The court wants to see that you have moved past criminal involvement.

What if I Violated My Probation?

A probation violation does not automatically disqualify you from receiving an expungement. A judge has the discretion to grant an expungement even if you had a misstep during your probationary period.

The court will look at the nature of the violation, your overall performance on probation, and the reasons behind your request. This is an area where a clear legal argument explaining the circumstances and highlighting your rehabilitation makes a significant difference in the outcome.

New for 2025: Changes to Waiting Periods for Repeat Offenses

Recent legislative updates have changed the landscape for some individuals. As of 2025, if you are seeking to expunge a second-time DUI, you must now wait five years from the conviction date.

This is a stricter timeline than what was previously in place and reflects a shift in how the state views repeat offenses. For a first-time misdemeanor DUI, you typically petition for expungement as soon as your probation period ends, provided all other conditions are met.

The Step-by-Step Process of Petitioning for Expungement

The expungement process is not about re-litigating your original DUI case. You are not trying to prove your innocence. Instead, it is a formal, procedural request to the court, asking for relief that you are legally entitled to if you meet the specific criteria.

Our role is to ensure that this request is prepared correctly, filed properly, and presented persuasively to the judge.

Step 1: Filing the Petition and Proposed Order

The process begins by preparing and filing the correct legal forms with the court where you were convicted. In Los Angeles County, this would be the specific courthouse that handled your original DUI case.

These forms—typically a Petition for Dismissal (CR-180) and a proposed Order for Dismissal (CR-181)—formally ask the judge to reopen your case and dismiss the conviction under PC 1203.4.

Step 2: Serving the Prosecuting Agency

After the petition is filed with the court, a copy must be formally delivered, or “served,” to the prosecutor’s office. This would be the office that originally prosecuted your case, such as the L.A. County District Attorney or a specific City Attorney’s office.

This step gives them legal notice of your request. The prosecutor has the right to object to your petition, though they typically only do so if they believe you are ineligible or if your case involved particularly serious circumstances.

Step 3: The Court Hearing

In many straightforward cases, a court hearing may not even be necessary. If you clearly meet all the eligibility requirements and the prosecutor does not object, the judge may simply review the paperwork and sign the order.

However, if the prosecutor does object, or if the judge has questions (typically in cases with prior probation violations), a hearing will be scheduled. At the hearing, legal arguments are made for why granting the expungement is “in the interests of justice.”

Step 4: The Judge’s Decision

If the judge grants your petition, they will sign the Order for Dismissal. The court clerk then updates your case file and the official criminal record is changed to show the charge as “Dismissed.”

This is the final step in the process. From the day the petition is filed to the day the judge signs the order, the entire process typically takes a few months to complete.

What an Expungement Does and Doesn’t Do

A DUI expungement offers powerful benefits, but understanding its limitations is as important as knowing its benefits.

Understanding the Benefits: How Life Changes After an Expungement

  • The Single Biggest Advantage: Answering the Job Application Question. After an expungement, you may legally and honestly answer “No” if a private employer asks if you have ever been convicted of a crime. This is the most powerful benefit of the process. California law protects you from discrimination by most private employers based on an expunged conviction.
  • Easier Access to Housing. An expungement removes a significant red flag for landlords during the tenant screening process, making it easier to secure an apartment or rental home.
  • Personal Peace of Mind. For many, the most valuable benefit is emotional. Officially closing this chapter of your life allows you to move forward without the constant stress and embarrassment of a past conviction.

Setting Realistic Expectations: The Limitations of Expungement

  • It Does Not Clear Your DMV Record. Your DMV driving record is entirely separate from your criminal record. A DUI conviction remains on your driving record for 10 years. This means it continues to impact your insurance rates and will count as a prior offense if you are arrested for another DUI within that ten-year period.
  • It Does Not Restore Gun Rights. If your DUI conviction resulted in the loss of your right to own a firearm (which is uncommon for standard misdemeanors but possible in some cases), an expungement under PC 1203.4 does not restore that right.
  • Disclosure is Still Required in Some Situations. You must still disclose the conviction, even after expungement, when applying for certain sensitive positions. These include:
    • A state professional license (e.g., for the State Bar, Medical Board, etc.).
    • Public employment (e.g., a job with the city, county, or state).
    • Running for public office.

In these specific instances, you should state that the conviction occurred but was later dismissed through expungement.

What About Felony DUIs? Exploring California’s New Record Sealing Law

The word "felony" written in wooden letterpress type on a white washed old wooden boards background.Traditionally, a felony DUI that resulted in a state prison sentence was a permanent mark on a person’s record, with few options for relief. However, a recent and groundbreaking law has opened a new door for many individuals who previously had no path forward.

Understanding Senate Bill 731

Passed in 2022, Senate Bill 731 significantly expanded California’s “Clean Slate” laws. This legislation allows for the automatic sealing of many felony conviction records, including some DUIs, after a certain period has passed without any new criminal activity.

  • How it Works: Record sealing is more comprehensive than expungement. A sealed record is essentially made invisible to most background checks, including those for private employment and housing.
  • Eligibility: The rules are complex, but generally, you may be eligible if your felony DUI conviction occurred on or after January 1, 2005, and you have been conviction-free for a specified period (typically four years) after completing your full sentence, including any parole.

This is a developing area of law, and determining your eligibility for relief under SB 731 requires a careful and detailed analysis of your specific case history and dates. Consulting with a legal professional is the best way to understand if this new law applies to you.

Frequently Asked Questions About DUI Expungement in California

Can I expunge my DUI if I am still on probation?

No, you must successfully complete your full term of probation first. However, in some circumstances, it is possible to file a motion with the court asking for an early termination of your probation. If the judge grants that motion, you may then immediately petition for the expungement.

How much does it cost to expunge a DUI?

There are court filing fees associated with the petition, which are sometimes waived by the court if you meet certain income requirements. Legal fees for handling the process will vary depending on the complexity of your case. At the Rodriguez Law Group, we will discuss the specific costs for your case in a confidential consultation.

Do I have to appear in court in Los Angeles for the hearing?

In most cases, no. An attorney prepares and files all the necessary paperwork and handles all court appearances on your behalf. This means you do not have to take time off from work or travel to the courthouse.

What happens if my expungement petition is denied?

If a petition is denied, it is usually because of a correctable issue, such as unpaid fines, an incomplete program, or a misunderstanding by the court. We help you identify and address the underlying issue and, in many cases, refile the petition at a later date for a successful outcome.

Does expungement help with immigration consequences?

While an expungement is beneficial, many DUI offenses are still considered “convictions” for federal immigration purposes. If you have any immigration concerns, it is absolutely necessary to discuss your case with a law firm that has deep experience in the intersection of criminal and immigration law.

Take the First Step to Clearing Your Record

A DUI conviction does not have to define your future. California law provides a clear path to dismiss the charge from your public criminal record, allowing you to move forward with your career, your family, and your life with confidence.

The process is detailed, requires careful attention to deadlines and paperwork, and the laws have recently changed. You don’t have to figure it all out alone. The legal system is difficult to manage, but with the right guidance, you can secure the relief you are entitled to.

If you’re ready to put this chapter behind you for good, call the Rodriguez Law Group today for a consultation at (213) 995-6767.

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