Can You Get a DUI Expunged in California? Here's the Truth

One of the most common questions after a DUI conviction is: can I get this off my record?

The short answer is: sort of. California offers something called an expungement under Penal Code 1203.4 — and for many people who completed probation, it’s available. But it’s not the clean slate most people imagine.

Here’s what it actually does and doesn’t do.

What Is a DUI Expungement in California?

A California DUI expungement under PC 1203.4 allows you to:

  1. Withdraw your guilty or no-contest plea (or set aside a guilty verdict)
  2. Have a not-guilty plea entered in its place
  3. Have the case dismissed

On paper, it sounds like the DUI goes away. In practice, it depends heavily on what’s checking your record and why.

Who Qualifies?

To be eligible for a DUI expungement in California, you generally need to:

  • Have been convicted of a misdemeanor DUI (not a felony)
  • Have completed probation (or had it terminated early)
  • Not be currently charged with a crime, on probation, or serving a sentence
  • Have not served state prison time for the DUI (county jail is okay)

Most first- and second-offense misdemeanor DUIs qualify once probation is done. If you had any probation violations, you may still qualify — the judge has discretion.

What an Expungement Actually Does

What It Helps With

  • Most private employer background checks: When a private employer runs a background check and asks about convictions, you can legally say “no” in many situations if the case was expunged. California Labor Code 432.7 limits employers from asking about expunged convictions for many jobs.

  • Peace of mind: The case is officially dismissed. The record still exists, but its status changes.

  • Some licensing situations: Certain professional license applications accept expunged convictions differently than active ones.

What It Does NOT Do

This is the part that surprises people:

It does NOT remove the DUI from your DMV driving record. Your DMV record is separate from your criminal record. The DUI stays on your driving record for 10 years from the date of conviction. Insurance companies access your DMV record, not your criminal record, so your rates stay affected.

It does NOT prevent it from counting as a prior. If you’re arrested for another DUI within 10 years, the expunged DUI still counts as a prior DUI under California law. The enhanced penalties still apply.

It does NOT help with federal background checks. Federal employers, federal licensing boards, and some financial industry applications (FINRA, banking) can see expunged records.

It does NOT restore a revoked professional license. If you had a nursing license, law license, real estate license, or other professional license suspended due to the DUI, the expungement doesn’t automatically restore it — you go through a separate licensing board process.

It does NOT remove sex offender registration (if that applies — rare in DUI cases, but possible in cases involving injury or specific circumstances).

When to Apply

You can apply for expungement:

  • After completing probation (typically 3–5 years after conviction)
  • Or you can petition the court for early termination of probation — if you’ve completed all conditions (fines paid, DUI school done, no violations), many courts will grant it, allowing earlier expungement

The process involves filing a petition with the court that handled your case. An attorney can help, or you can do it yourself if you’re comfortable with the paperwork.

Court filing fees are typically around $120–$200. Attorney fees for the process usually run $400–$800.

Is It Worth Doing?

For most people: yes.

Even if it doesn’t erase everything, expungement:

  • Legitimately changes how your case appears to private employers
  • Gives you the legal ability to answer “no” on many job applications
  • Formally closes the chapter in the criminal court system

The main caveat is not to confuse “expunged” with “gone.” Anyone who looks hard enough — a federal employer, an insurance company checking your DMV record, a future prosecutor — can still find it.

But for everyday job applications and general background checks in California, it makes a meaningful difference.

Quick Checklist: DUI Expungement in California

  • Misdemeanor DUI (not felony)
  • Probation completed (or petitioned for early termination)
  • No current criminal cases pending
  • No state prison time served for this offense
  • File petition with the convicting court
  • Pay filing fee (~$150–$200)
  • Attend hearing (sometimes waived for straightforward cases)

For more on navigating a DUI situation in California from the start, see our guide to what happens after a DUI arrest.