How to Get a DUI Expunged in California: Eligibility and Process

A DUI conviction in California follows you for years. It shows up on background checks. It raises auto insurance rates. It complicates professional licensing, security clearances, and travel to countries that screen for DUIs (Canada in particular).

Expungement under Penal Code §1203.4 is the cleanest way to address it. After probation is complete and the statutory requirements are met, the court can set aside the plea or verdict, dismiss the case, and release you from most consequences of the conviction. The process is procedural rather than discretionary, which means most eligible petitioners succeed.

Are you eligible for DUI expungement in California?

Eligibility under Penal Code §1203.4 requires all of the following:

• Probation was granted (rather than a state prison sentence).
• Probation was successfully completed, or terminated early under §1203.3.
• All fines, fees, and restitution have been paid in full.
• All court-ordered programs (DUI program, AA meetings, MADD victim impact panel, IID installation) have been completed.
• You are not currently charged with any new offense.
• You are not currently serving probation or parole on any case.
• You have served any custody time imposed.

If you violated probation at any point during the probation period, you may still be eligible under §1203.4 at the court's discretion. This is the 'discretionary' track, which requires a stronger showing that expungement is in the interest of justice.

What does DUI expungement actually do?

Penal Code §1203.4 directs the court to do the following on a successful petition:

• Set aside the plea of guilty or no contest, or the verdict of guilty.
• Allow the petitioner to enter a plea of not guilty.
• Dismiss the case.
• Release the petitioner from all penalties and disabilities resulting from the conviction, with statutory exceptions.

After expungement, in most private contexts (employment, housing, lending), you can legally state that you were not convicted of the offense. California Labor Code §432.7 prohibits most employers from asking about or considering expunged convictions in hiring decisions.

What does DUI expungement NOT do?

Important limitations:

• Does not remove the conviction from the DMV record. The DMV maintains DUI history for ten years under Vehicle Code §1808.4. Insurance companies continue to see the DUI for the period the DMV reports it.
• Does not erase the conviction from court records. The records still exist and show 'dismissed pursuant to §1203.4.'
• Does not restore commercial driving privileges. CDL holders convicted of DUI face permanent CDL restrictions that expungement does not lift.
• Does not prevent the use of the prior DUI for sentencing on any future DUI under Vehicle Code §23540. The prior counts as a prior offense for ten years even after expungement.
• Does not restore the right to own firearms if the underlying conviction triggered a firearms ban.
• Does not seal the arrest record. Separate petition under §851.91 or §851.87 is required for that.
• Limited disclosure exceptions for state licensing applications, peace officer applications, and lottery applications. The conviction must still be disclosed in those specific contexts.

How long does the DUI expungement process take?

Standard timeline in San Diego County:

Filing to hearing

From filing the petition (form CR-180 or county-specific equivalent) to the hearing date, typically 8 to 16 weeks. The court schedules the hearing 30 to 60 days after the petition is filed. The District Attorney has 15 days to file an opposition.

Hearing

If the petition is uncontested (most cases), the court can grant the expungement at the hearing or by signed order without requiring appearance. If the DA opposes, a contested hearing is held.

Post-hearing

Once granted, the clerk processes the order and updates the case file. The Department of Justice receives an electronic update typically within 30 days. The arrest record is not sealed automatically; a separate petition is needed if sealing is desired.

Total timeline from filing to final completion is typically three to six months.

What is the step-by-step process?

Step 1: Confirm eligibility

Pull your court records. Verify probation was completed, all fines paid, all programs completed. A criminal background check confirms there are no new charges or active probation/parole on other cases.

Step 2: Prepare the petition

Form CR-180 (Petition for Dismissal) and CR-181 (Order for Dismissal) are the standard Judicial Council forms. Some counties have local forms. The petition asks for: case number, conviction details, probation completion, and grounds for relief.

Step 3: File the petition and pay the fee

Filing fee in San Diego County is approximately $120 for misdemeanors, $150 for felonies as of 2026, subject to update. Fee waiver available using form FW-001.

Step 4: Serve the District Attorney

The DA must be served at least 15 days before the hearing under §1203.4(e). Proof of service is filed with the court.

Step 5: Attend the hearing if scheduled

Many uncontested expungement petitions are granted on the papers without an appearance required. If the court schedules a hearing or the DA objects, attendance is necessary. Your attorney can usually appear without you under Penal Code §977 for a misdemeanor.

Step 6: Confirm the order is entered

After the court signs the order, follow up with the clerk to confirm the case has been updated in the system. Request a certified copy of the order for your records.

Can a wet reckless be expunged?

Yes. A wet reckless conviction under Vehicle Code §23103.5 is expungeable under the same Penal Code §1203.4 procedure. The eligibility requirements and process are identical.

Can a felony DUI be expunged?

Yes, if probation was imposed instead of state prison. Vehicle Code §23153 (DUI with injury) is a wobbler. If the conviction was a misdemeanor or a felony with probation, §1203.4 expungement is available.

If the felony DUI resulted in a state prison sentence, §1203.4 is not available. The alternative is a Certificate of Rehabilitation under Penal Code §4852.01, which is a more extensive process and serves a different purpose.

What about early termination of probation?

Penal Code §1203.3 allows the court to terminate probation early when the petitioner has completed all probation conditions and the interest of justice supports termination. After early termination, the petitioner becomes eligible for §1203.4 expungement without waiting out the full probation period.

Early termination is discretionary and harder to win than expungement. It is most likely to be granted when probation has been served for at least half the original term, all conditions have been completed, and the petitioner has a clean record during probation.

What is SB 731 and how does it affect DUI expungement?

SB 731, California's Clean Slate Act, took effect July 1, 2023. It provides for automatic record relief for many felony convictions four years after completion of probation, where no new convictions occurred during that period.

DUI convictions are mostly excluded from SB 731 automatic relief. The exclusion includes DUI causing injury under §23153 and repeat DUI offenses. For these, the petitioner must still file a §1203.4 petition.

Misdemeanor DUI convictions may benefit from automatic relief under SB 731 in some cases, though the rollout has been incremental and county practice varies. Filing a §1203.4 petition is more reliable than waiting for automatic relief.

Frequently asked questions

Will my DUI expungement appear in a background check?

Most commercial background check companies will show the conviction as 'dismissed pursuant to §1203.4.' Some employers ask specifically about expunged convictions, in which case Labor Code §432.7 prohibits most employers from considering them. Exceptions apply for peace officer, public safety, and certain government applications.

Can I say 'no' to a job application that asks if I have been convicted?

In most private employment contexts in California, yes. Labor Code §432.7 prohibits employers from asking about expunged convictions and from using them in employment decisions. Exceptions include peace officer applications, lottery applications, and certain state licensing applications.

Does expungement restore my driver's license?

Expungement does not affect your driver's license. The DMV maintains its own record under Vehicle Code §1808.4 for ten years. License-related consequences (insurance surcharges, SR-22, IID) are governed by the DMV record, not the court record.

Will my insurance rates go down after expungement?

Usually no. Insurance companies typically look at the DMV record, not the court record. The DUI continues to affect insurance for as long as it appears on the DMV record (typically ten years for DUI).

Can I expunge a DUI if I am out of state now?

Yes. The petition is filed in the court where the conviction occurred. Your attorney can file and appear on your behalf without you returning to California.

How much does DUI expungement cost?

Court filing fee is approximately $120 to $150. Attorney fees for a straightforward, uncontested expungement are typically a flat fee in the lower four figures. Contested cases or cases requiring additional motion practice cost more.

Can my DUI count as a prior if I get another DUI after expungement?

Yes. Vehicle Code §23540 explicitly preserves the use of expunged DUIs as priors for sentencing on subsequent DUIs within ten years of the original offense. Expungement does not provide protection from this enhancement.