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Introduction
A DUI (Driving Under the Influence) arrest or conviction in California often raises an immediate and important question: does it go on your criminal record? For many people, the answer affects future plans involving employment, housing, professional licensing, and background checks. Understanding how California treats DUI records can help clarify what information is stored, where it appears, and how long it may remain visible.
California uses multiple record systems to track DUI-related information. These systems serve different purposes and are accessed by different entities. As a result, confusion is common, especially when people hear conflicting information about whether a DUI is “permanent” or eventually removed. Some records update automatically over time, while others remain unless specific action is taken.
This article explains whether a DUI goes on your criminal record in California and how that differs from other records, such as DMV driving histories. It also covers what happens after an arrest versus a conviction, how long the information may be visible, and how expungement can affect what shows up in background checks.
All information is presented in a neutral, educational way to help readers understand how California handles DUI records, without offering legal advice or recommendations.
Does a DUI Appear on a Criminal Record in California?
Yes, a DUI conviction in California does go on your criminal record. When a DUI results in a conviction, it becomes part of your official criminal history maintained by the California Department of Justice. This record documents the offense, the court outcome, and related sentencing information.
A criminal record is different from a driving record. While a driving record focuses on traffic-related matters, a criminal record includes violations of criminal law, including misdemeanors and felonies. In California, most first and second DUI offenses are classified as misdemeanors, but they are still criminal offenses and are recorded accordingly.
Once entered, a DUI conviction does not automatically disappear from your criminal record after a certain number of years. It remains unless the individual qualifies for and completes an expungement process. Until that happens, the conviction can appear in background checks run by employers, landlords, licensing boards, and government agencies.
It’s also important to note that the severity of the DUI—such as whether it involved injury or prior offenses—can affect how the record is categorized, but it does not change the fact that it appears on the criminal record.
DUI Arrests vs. DUI Convictions on a Criminal Record
There is an important distinction in California between a DUI arrest and a DUI conviction, especially when it comes to criminal records. An arrest occurs when law enforcement detains someone on suspicion of DUI, while a conviction only happens if the court formally finds the individual guilty.
If a DUI arrest does not lead to a conviction—such as when charges are dropped or the case is dismissed—the outcome may still appear differently depending on the type of background check. Arrest records can exist, but California law places limits on how arrest information may be used or disclosed, especially in employment situations.
A DUI conviction, on the other hand, is clearly recorded on the criminal record and is more widely visible. Convictions are what most background check systems focus on when reporting criminal history.
This distinction matters because some people assume that any DUI-related interaction with law enforcement automatically creates a permanent criminal record. In reality, the presence and impact depend on whether the case resulted in a conviction and how the record is later handled.
Understanding this difference helps clarify why two people with similar DUI experiences may have very different records.
How Long a DUI Stays on Your Criminal Record in California
In California, a DUI conviction stays on your criminal record indefinitely unless it is expunged. There is no automatic expiration date for criminal records in the state. This means that even a DUI from many years ago can still appear in certain background checks.
Criminal records are maintained by state agencies and accessed through various reporting systems. Employers, licensing boards, and government entities may see older convictions depending on the scope of the check they perform.
This is different from the DMV record, which removes a DUI after a set period. Criminal records do not follow that same timeline. The only common way to change how a DUI appears on a criminal record is through expungement, which updates the status of the conviction.
Even with expungement, some agencies may still access the original information, especially for government positions or professional licensing reviews. As a result, while time may reduce the practical impact of a DUI, it does not automatically erase it from criminal history files.
Differences Between Criminal Records and DMV Records in California
California tracks DUI information in more than one system, and each serves a different function. The criminal record documents violations of criminal law and is maintained by justice agencies. The DMV record focuses on driving privileges and traffic-related penalties.
A DUI stays on a California DMV record for 10 years, where it is used to determine repeat offenses, license actions, and insurance risk. After that period, it drops off automatically.
The criminal record, however, does not clear itself. It retains DUI convictions indefinitely unless expunged. This means someone could have a clean DMV record but still have a DUI visible on a criminal background check.
These systems operate independently. Changes to one do not affect the other. For example, expunging a criminal record does not remove the DUI from DMV history, and the DMV’s 10-year removal does not affect criminal records.
This separation is a key reason why confusion exists around DUI records in California, especially when people hear different timelines referenced in different contexts.
How a DUI Criminal Record Affects Background Checks
A DUI on your criminal record can appear in various types of background checks in California. The visibility and impact depend on who is conducting the check and for what purpose.
Private employers often use background checks to review criminal convictions. A DUI conviction may be reported unless it has been expunged. California law limits how employers can use certain criminal history information, but the conviction itself may still be visible.
Government agencies and professional licensing boards typically run more detailed background checks. In these cases, DUI convictions—even older or expunged ones—may still be reviewed as part of an overall evaluation.
Background checks for housing, education, or volunteer positions may also include criminal history, depending on the organization’s policies. While a DUI does not automatically disqualify someone, it can be a factor considered in decision-making.
Because background checks vary widely, the same DUI record may have different effects in different situations.
Can a DUI Be Expunged From a Criminal Record in California?
California allows eligible individuals to apply for expungement of certain DUI convictions. Expungement does not erase the record entirely, but it changes the case status to show that the conviction was dismissed after successful completion of court requirements.
To qualify, a person generally must have completed probation and met all sentencing conditions. If approved, expungement can reduce how a DUI appears in many background checks, especially for private employment.
However, expungement has limits. The DUI may still be visible to government agencies, licensing boards, and in future court proceedings. It also does not affect DMV records or insurance requirements.
Expungement is best understood as a record update rather than a deletion. It can improve how a DUI appears in certain contexts, but it does not remove all consequences or historical references.
FAQ
Does a DUI always go on your criminal record in California?
If the DUI results in a conviction, it goes on your criminal record. Arrests without convictions are treated differently.
Is a DUI a misdemeanor or felony in California?
Most DUIs are misdemeanors. Felony DUIs usually involve injury or multiple prior convictions.
Does a DUI fall off your criminal record after 10 years?
No. The 10-year timeline applies to DMV records, not criminal records.
Can employers see a DUI on a criminal background check?
Yes, unless the conviction has been expunged and the employer is subject to disclosure limits.
Does expungement remove a DUI completely?
No. It updates the record to show a dismissal but does not erase it in all systems.
Do juvenile DUIs go on a criminal record?
Juvenile records are handled differently and are generally more restricted.
Will an out-of-state DUI appear on a California criminal record?
Out-of-state convictions may appear in background checks, depending on reporting systems used.
Conclusion
In California, a DUI conviction does go on your criminal record and can remain there indefinitely unless expunged. This record is separate from your DMV driving history and serves a different purpose, particularly in background checks and official reviews. While the impact of a DUI may lessen over time, the record itself does not automatically disappear.
Understanding how criminal records work—and how they differ from driving records—helps clarify why DUIs can continue to surface years later. Knowing what information is stored, where it appears, and how it may be updated provides valuable context for anyone affected by a DUI in California.
For a broader explanation of how DUI records affect different areas of life, see the DUI Records And Long Term Impact pillar page. For more detail on timelines and record retention, visit How Long a DUI Stays on Your Record.