DUI Laws
Expunging a DUI Conviction in California — Eligibility, Process, and Limitations
California law allows most misdemeanor DUI convictions to be expunged after probation is completed. An expungement does not erase the conviction, but it can significantly improve your employment prospects. Learn who qualifies and how the process works.
By Michael P. Kade — Former LAPD Officer & Criminal Defense Attorney · Updated
Educational purposes only — not legal advice. This article provides general information about California DUI law and does not create an attorney-client relationship. Consult a licensed attorney for advice specific to your situation.
Key Takeaways
- —Most misdemeanor DUI convictions can be expunged under Penal Code § 1203.4 after probation is completed
- —An expungement allows you to withdraw your guilty plea and have the case dismissed
- —An expunged DUI still counts as a prior conviction for future DUI purposes
- —An expunged DUI must still be disclosed in certain licensing and government employment applications
- —Felony DUI convictions may be eligible for reduction to a misdemeanor before expungement
A DUI conviction on your record can affect your employment, professional licensing, and reputation for years. California's expungement statute — Penal Code § 1203.4 — provides a legal mechanism to withdraw your guilty plea, enter a not guilty plea, and have the case dismissed. While an expungement does not completely erase the conviction, it can significantly improve your ability to pass background checks and move forward with your life.
Who Is Eligible for DUI Expungement?
To be eligible for expungement of a misdemeanor DUI under Penal Code § 1203.4, you must: have successfully completed probation (or have probation terminated early); not currently be charged with, on probation for, or serving a sentence for any other criminal offense; and not have served time in state prison for the DUI conviction (county jail time does not disqualify you). If you violated probation, you may still petition for expungement, but the court has discretion to deny it.
The Expungement Process
To obtain an expungement, you file a petition in the court where you were convicted. The petition asks the court to allow you to withdraw your guilty or no contest plea, enter a not guilty plea, and dismiss the case. The court reviews your compliance with probation and any other relevant factors. If granted, the court enters a dismissal under Penal Code § 1203.4. You can then truthfully state on most private employment applications that you were not convicted of the offense.
What an Expungement Does Not Do
An expungement under § 1203.4 has important limitations. The expunged conviction: still counts as a prior DUI conviction for purposes of enhanced penalties if you are arrested for DUI again within 10 years; must still be disclosed on applications for public office, government employment, and professional licenses issued by state agencies (such as a law license, medical license, or teaching credential); can still be used to impeach your credibility if you testify in court; and does not restore your right to possess firearms if the conviction was a felony.
Felony DUI Expungement
A felony DUI conviction cannot be expunged directly, but it may be eligible for reduction to a misdemeanor under Penal Code § 17(b) if it was a 'wobbler' — an offense that can be charged as either a felony or a misdemeanor. Once reduced to a misdemeanor, the conviction can then be expunged under § 1203.4. An attorney can evaluate whether your felony DUI is eligible for reduction and guide you through both the reduction and expungement process.
Penalties at a Glance
| Offense / Situation | Potential Penalty |
|---|---|
| Misdemeanor DUI — expungement eligibility | Eligible after probation completion under PC § 1203.4 |
| Felony DUI — expungement eligibility | Must first reduce to misdemeanor under PC § 17(b) |
| Expunged DUI as prior conviction | Still counts as prior for DUI purposes within 10 years |
Penalties shown are general ranges. Actual sentences depend on the specific facts of your case.
How Attorney Kade Defends These Cases
- —File for early termination of probation to become eligible for expungement sooner
- —Petition for reduction of a felony DUI to a misdemeanor under PC § 17(b) before seeking expungement
- —Present evidence of rehabilitation, employment, and community ties to support the petition
- —Address any probation violations proactively before filing the expungement petition
- —Advise the client on which applications still require disclosure of the expunged conviction
- —Explore Prop 47 or Prop 64 relief for drug-related DUI convictions where applicable
- —Seek a Certificate of Rehabilitation for felony convictions not eligible for expungement
Frequently Asked Questions
Yes. A California DUI conviction can be expunged under Penal Code § 1203.4 if you successfully completed probation (or were granted early termination of probation), did not serve time in state prison, and are not currently charged with a new crime. After expungement, you can generally answer 'no' to questions about prior convictions on job applications.
No. Expungement under Penal Code § 1203.4 clears your criminal record but does not remove the DUI from your DMV driving record. The DMV keeps DUI convictions on your driving record for 10 years, and the conviction will still count as a prior offense for sentencing enhancement purposes during that period.
The expungement process typically takes 3 to 6 months from the date you file the petition. You must wait until you have completed probation (or petition for early termination). The court will set a hearing date, and if the judge grants the petition, the conviction is dismissed under Penal Code § 1203.4. An attorney can handle the entire process on your behalf.