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Introduction
A DUI (Driving Under the Influence) conviction in California can follow you for years, appearing in background checks, job applications, and official records. For many people, one of the first questions after completing probation or penalties is whether the DUI can be expunged or sealed. These processes offer different forms of record relief, and understanding how they apply in California is key to managing the long-term impact of a DUI.
California does allow certain DUI convictions to be expunged, but the state does not allow sealing of adult DUI convictions under typical circumstances. The legal process for expungement is specific, and not every case qualifies. Additionally, even if your DUI is expunged, it may still appear in certain types of background checks or affect your driving record and insurance.
This article explains the process of expunging a DUI in California, the differences between expungement and record sealing, and what you can expect in terms of access, visibility, and benefits. If you’re trying to understand your options after a DUI conviction in California, this guide offers clear and neutral information to help you navigate what’s possible—and what’s not—when it comes to clearing your record.
What Is Expungement in California?
Expungement is a legal process in California that allows certain convictions to be dismissed from a person’s criminal record. When a DUI is expunged, the conviction is not erased but is updated to show that it was dismissed after successful completion of the court’s requirements.
Under California Penal Code § 1203.4, individuals who meet specific conditions can petition the court to expunge a misdemeanor or certain felony offenses, including many DUI convictions. If granted, the individual’s record will show that the guilty plea or verdict was withdrawn and the case was dismissed.
The purpose of expungement is to offer relief from the lasting consequences of a conviction, particularly when applying for jobs or housing. Once expunged, you are generally allowed to state on most private employment applications that you have not been convicted of a crime.
However, it’s important to note that expungement does not offer complete erasure. It also does not restore driving privileges, remove the conviction from your DMV record, or prevent the DUI from being used against you in future legal proceedings.
Who Qualifies for DUI Expungement in California?
Not everyone with a DUI conviction is eligible for expungement in California. The state has specific rules that must be met before a person can request this type of relief. The typical requirements include:
- Successful completion of probation: This means fulfilling all terms of your probation, including paying fines, completing DUI school, and avoiding new offenses.
- No current charges: You must not be facing any new criminal charges at the time of your petition.
- No active jail or prison sentence: You must not be serving time for another conviction when requesting expungement.
For most misdemeanor DUI convictions, these conditions are the key to eligibility. Some felony DUIs may also qualify if the sentence was served in county jail and other conditions are met.
If you meet the criteria, you can file a petition with the court that handled your case. The court will then decide whether to grant the expungement based on your record, behavior during probation, and other factors.
Keep in mind that expungement is a legal process and typically requires paperwork, a formal request to the court, and sometimes a hearing.
What Expungement Does—and Doesn’t—Do
Many people believe expungement “erases” a conviction, but that’s not how it works in California. Expungement does not delete or seal the conviction. Instead, it updates your criminal record to reflect that the conviction was dismissed after completing all required terms.
Here’s what expungement does:
- Updates your court record to show a dismissal
- Allows you to legally state in many job applications that you were not convicted
- Reduces the visibility of the conviction in most private background checks
Here’s what expungement does not do:
- It does not remove the DUI from your DMV driving record
- It does not clear the conviction from all background checks (especially government-level checks)
- It does not restore lost driving privileges
- It does not prevent the DUI from counting as a prior offense if you are arrested again
Expungement provides meaningful benefits, particularly in employment contexts, but it does not eliminate all consequences of a DUI.
Can a DUI Be Sealed in California?
In most cases, a DUI cannot be sealed in California. Record sealing is typically reserved for juvenile records, arrest records that did not result in a conviction, or certain low-level offenses that qualify under newer laws like the Clean Slate Act. DUI convictions do not usually meet these criteria.
Adult criminal convictions for DUI are considered public records and are not eligible for sealing under current California law. Even if the case was resolved years ago, and even if it was later expunged, the record itself remains part of the state’s criminal record system and can be accessed in some legal contexts.
There are a few rare exceptions. For example, if a person was wrongfully arrested and charges were never filed—or if the charges were dismissed before trial—it may be possible to petition to have the arrest record sealed. But once a DUI results in a conviction, sealing is no longer an option.
This distinction is important for anyone considering their options for minimizing the long-term visibility of a DUI. While sealing is not available for most DUI cases, expungement remains the more accessible path to limited relief.
Expungement vs. Record Sealing: Key Differences
In California, expungement and record sealing serve different purposes and are used in different situations. Understanding the difference can help you know which option—if any—is available to you after a DUI.
Expungement is:
- Available for convictions (including many DUI cases)
- Updates the record to show a dismissal
- Still visible in some background checks
- Commonly used for employment relief
Record Sealing is:
- Usually for arrests with no conviction, juvenile cases, or minor offenses
- Makes the record inaccessible to the public
- Not generally available for DUI convictions
- Provides broader privacy but is harder to obtain
If you were convicted of a DUI in California, expungement is your only likely path to improving your record. Sealing is rarely an option unless the case never resulted in a conviction.
Does Expungement Affect My Driving Record?
No, expungement does not remove a DUI from your driving record. The California DMV maintains its own system that tracks traffic violations, suspensions, and DUI convictions for administrative purposes. This record is separate from your criminal record and is not affected by court decisions about expungement.
In California, a DUI stays on your driving record for 10 years, regardless of whether it has been expunged from your criminal history. The DMV uses this information to determine repeat offenses, license eligibility, and insurance risk.
Insurance companies also access DMV records directly. Even if your DUI has been expunged, insurers may still base rate decisions on what appears in your driving history.
If your goal is to clear your driving record, the only solution is to wait until the 10-year window ends. At that point, the DUI is automatically removed from your DMV history without the need for paperwork or legal action.
FAQ
Can a DUI conviction be expunged in California?
Yes, if you meet certain requirements, including completion of probation and no current charges.
Does expungement remove the DUI from my driving record?
No. The DUI remains on your DMV record for 10 years even if it is expunged from your criminal record.
Can a DUI be sealed instead of expunged?
Not usually. Record sealing is not available for DUI convictions under current California law.
Will expungement help with job applications?
Yes, in most private employment situations, you can legally state that you have not been convicted.
Does expungement erase the DUI from all background checks?
No. It may still appear in certain checks, especially for government jobs or professional licenses.
Is expungement automatic after probation?
No. You must file a petition with the court and receive approval for expungement.
How long does a DUI stay on my DMV record?
Ten years from the date of the offense. It is automatically removed after that period.
Conclusion
In California, a DUI conviction can be expunged under specific conditions, but it cannot be sealed in most cases. Expungement offers a chance to update your criminal record and reduce the visibility of a DUI in private background checks, especially for employment. However, it does not erase the conviction entirely, and it does not affect your DMV driving record.
For those looking to reduce the long-term consequences of a DUI, expungement is a meaningful tool—but it has limits. Your driving record will still reflect the offense for 10 years, and some official background checks may still show the conviction even after expungement.
If you’re interested in learning more about how DUI convictions affect your record over time, visit the DUI Records And Long Term Impact pillar page. For specific timelines and visibility details, check out the How Long a DUI Stays on Your Record mini-hub.