Yes — you can get a DUI expunged in California under Penal Code § 1203.4 once you complete probation, as long as you did not serve time in state prison and have no pending criminal charges. Expungement dismisses the conviction and lets you legally state, on most private job applications, that you were not convicted of the offense.
But a DUI expungement has two important limits. It does not erase the DUI from your DMV driving record, and the DUI still counts as a prior offense if you are charged with another DUI within 10 years. Understanding exactly what expungement does and does not do is the difference between a realistic fresh start and a false sense of a clean slate.
Attorney Anthony J. Nuñes handles DUI expungements from offices in La Mirada and Santa Ana. This article explains whether a DUI qualifies for expungement in California, what the process involves, and the DUI-specific consequences that remain even after a conviction is dismissed. It provides general information only, not legal advice — every case requires individual evaluation.
Can a DUI Be Expunged in California?
A DUI can be expunged in California under Penal Code § 1203.4 after you complete probation. This applies to misdemeanor DUIs and many felony DUIs, provided you meet the eligibility requirements. Whether your case involved driving under the influence of alcohol or drugs, the same expungement statute applies once a California DUI conviction is final and probation is complete.
There are two core requirements. First, you must have completed all the terms of your probation — including paying all fines, finishing DUI school, completing any required counseling or community service, and satisfying every other condition the court imposed during the probation period. Second, you must not have served time in California state prison for the offense, though there is an exception for sentences that would have been served in county jail under realignment.
You are not eligible if you are currently charged with another criminal offense, on probation for another offense, or serving a sentence for a crime. Felony DUIs that resulted in a state prison sentence — often those involving injury — generally do not qualify. For expungement of other convictions and a full walkthrough of the general process of clearing a record after being convicted of a crime, see our guide on how to get a criminal record expunged in California.
What a DUI Expungement Does — and What It Doesn’t
A DUI expungement provides real relief, but it is not a complete erasure of the DUI. Knowing the boundary matters, because the parts it does not touch are exactly where people get caught off guard.
What Expungement Does
When the court grants a petition under Penal Code § 1203.4, it allows you to withdraw your guilty or no-contest plea, then dismisses the case. Your record changes to show the conviction as dismissed. On most private job applications, you can legally state that you were not convicted of the offense, and employers generally cannot use an expunged conviction against you in hiring or promotion decisions. For many people, clearing a DUI record this way also helps with housing applications and many professional licensing situations, where a dismissed conviction carries far less weight than an active one. Because the expunged conviction no longer appears as a conviction on most public records checks, record clearing can remove a barrier that has been quietly blocking opportunities.
What Expungement Does NOT Do
Expungement does not remove the DUI from your DMV driving record. Your driving record is separate from your criminal record, and the DUI remains on the DMV record for the full 10-year period regardless of expungement. It also does not restore your driving privileges or undo a license suspension — if your license was suspended through the DMV hearing process, that penalty stands on its own.
Expungement also does not eliminate the DUI as a “prior” offense, which is covered in the next section. And for certain purposes — applications for public office and state professional licenses — you must still disclose the conviction even after it is expunged. Finally, expungement does not seal the record from law enforcement or the courts; it changes the status of the conviction rather than hiding it from the justice system.
It is worth noting that expungement is separate from record sealing. Under SB 731, California automatically seals many misdemeanor records after one year, which restricts public access to the record rather than dismissing the conviction the way expungement does. The two processes work differently and have their own exceptions, so a DUI that is eligible for one is not automatically handled by the other.
Does an Expunged DUI Still Count as a Prior? (The 10-Year Rule)
Yes. An expunged DUI still counts as a prior offense if you are charged with another DUI within 10 years. This is the single most important thing to understand about DUI expungement, and it surprises many people who assume a dismissal wipes the slate clean.
California treats DUI as a “priorable” offense, meaning the penalties escalate with each drunk driving conviction within a 10-year lookback window under Vehicle Code § 23152. Even in misdemeanor cases, a second DUI within that window carries mandatory heavier penalties than a first — more jail time, longer license suspension, and a longer DUI program. Expungement changes your criminal record for background-check purposes, but it does not strip the DUI of its power to enhance the penalties on a future DUI.
It helps to think of two separate clocks. The first is the 10-year “washout” period — after 10 years, a prior DUI stops counting toward sentence enhancement on a new charge. The second is expungement, which clears the conviction from your record for most background checks. These two clocks run independently. Expungement does not shorten the 10-year priorability window, and the passage of 10 years does not automatically expunge the conviction from your record — that still requires a petition under Penal Code § 1203.4.
One related point: a “wet reckless” conviction (Vehicle Code § 23103.5), which is a common DUI plea bargain, is also eligible for expungement after probation. But like a standard DUI, a wet reckless still counts as a priorable DUI if you receive a new DUI within 10 years.
How to Expunge a DUI in California
The DUI expungement process follows a defined sequence. While the general steps mirror any Penal Code § 1203.4 expungement, a few details are specific to DUI cases.
- Confirm your probation is complete. All fines must be paid, DUI school completed, and all other conditions satisfied. If you are still on probation, California law allows you to request early termination of probation under Penal Code § 1203.3 — and if the judge grants it, you become eligible to file for expungement sooner.
- File the petition. Use form CR-180 for a misdemeanor DUI or CR-181 for a felony DUI, filed in the court that handled your case. This expungement petition formally asks the court to dismiss the conviction.
- Pay the filing fee. Court fees vary by county, typically ranging from $60 to $120. If you cannot afford the fee, you can request a fee waiver.
- Serve the District Attorney. A copy of the petition is sent to the DA’s office in the county of conviction, giving the prosecution an opportunity to review and object.
- Court review. Many uncontested petitions are decided on the documents alone, while others require a court hearing. A judge must approve the petition, and will grant it only after finding that the expungement is in the interest of justice.
The typical timeline is about three to five months after filing, though larger counties with heavier caseloads may take longer.
Felony DUI and Wet Reckless — Special Cases
Not every DUI follows the standard misdemeanor path, and two situations deserve specific attention.
A felony DUI carries different rules. Some felony DUIs qualify for expungement if they resulted in probation rather than a state prison sentence. In other cases, the felony must first be reduced to a misdemeanor under Penal Code § 17(b) before expungement becomes possible. A felony DUI that resulted in a state prison sentence — common in cases involving serious injury — generally does not qualify for expungement at all. Reducing a felony to a misdemeanor before petitioning requires a separate motion and strong supporting evidence.
A wet reckless conviction, as noted above, is expungeable after probation is complete. It is worth remembering that the lighter immediate penalties of a wet reckless do not change its status as a priorable DUI within the 10-year window.
Why the Details of DUI Expungement Matter for Your Future
A DUI expungement can remove a real obstacle. It can reopen job opportunities that a background check had closed, streamline housing applications, and lift the weight of a past mistake that no longer reflects who you are. For most people who have completed probation and moved on, clearing the conviction is a concrete step toward stability.
At the same time, the limits matter. If you are not a U.S. citizen, expungement under California law does not necessarily resolve the immigration consequences of a DUI, because federal immigration law does not recognize a state expungement the same way an employer does. Anyone whose immigrant status could be affected should understand how a criminal conviction interacts with immigration status before relying on expungement alone — our article on how a criminal charge can affect your immigration status in California explains the crossover. An attorney can evaluate your specific conviction, confirm your eligibility, and identify whether steps like early termination of probation or a felony reduction apply to your case.
Frequently Asked Questions
Can you get a DUI expunged in California?
Yes. Under Penal Code § 1203.4, you can petition to expunge a DUI in California after completing probation, provided you did not serve time in state prison and have no pending criminal charges. This applies to misdemeanor DUIs and many felony DUIs that were resolved with probation.
Does an expunged DUI still count as a prior?
Yes. Within 10 years, an expunged DUI still counts as a prior offense for a new DUI charge, triggering enhanced penalties. Expungement clears the conviction from your record for most background checks, but it does not remove the DUI’s status as a priorable offense during the 10-year lookback period.
Does DUI expungement remove it from my DMV record?
No. The DMV driving record is separate from the criminal record. An expunged DUI remains on your DMV record for the full 10-year period, and expungement does not restore driving privileges or undo a license suspension.
How long does DUI expungement take in California?
The process typically takes about three to five months after you file the petition. The exact timeline depends on the county and whether the District Attorney objects to the petition.
How much does it cost to expunge a DUI in California?
A court filing fee applies, and it varies by county — generally in the range of $60 to $120. If you cannot afford the fee, you can request a fee waiver from the court.
Can I expunge a felony DUI?
Sometimes. A felony DUI resolved with probation may qualify for expungement, and in some cases the felony must first be reduced to a misdemeanor under Penal Code § 17(b). A felony DUI that resulted in a state prison sentence generally does not qualify.
Talk to an Orange County DUI Attorney About Clearing Your Record
If you have completed probation for a DUI in Orange County, expungement under Penal Code § 1203.4 may clear your conviction and open doors that a criminal record has been closing. An attorney can confirm your eligibility, handle the petition, and advise you on the consequences that remain after a dismissal.
Contact the Law Office of Anthony J. Nuñes at (714) 404-3131 to schedule a consultation. Attorney Nuñes handles criminal defense and DUI expungements from offices in La Mirada and Santa Ana, serving clients throughout Orange County including Anaheim, Garden Grove, and Fullerton.
This article provides general information about DUI expungement in California under Penal Code § 1203.4. It is not legal advice. Every DUI case involves unique facts, eligibility questions, and consequences that require individual evaluation by a qualified attorney.