1. Can a DUI Be Expunged in California?
Yes. Under §1203.4, eligible people may ask the convicting court to withdraw a plea or set aside a verdict and dismiss the charges. The record is not destroyed.
Completing Probation Is the Starting Point
Review probation terms, DUI course completion, violations, and when supervision ended. Completing the course alone does not end probation. If supervision is active, early termination under §1203.3 is discretionary; Vehicle Code §23600 also governs DUI probation. A pending charge, probation, or sentence in another case generally bars relief.
Misdemeanor DUI, Felony DUI, and Different Sentences
Probationary misdemeanors and felonies may qualify under §1203.4. A misdemeanor without probation may qualify under §1203.4a one year after judgment if the sentence and other conditions are met. Certain felony sentences instead fall under §1203.41, with one- or two-year waiting periods depending on the sentence. An eligible wobbler may warrant §17(b) review. Pending charges call for DUI defense, not dismissal.
2. Why a Completed DUI Probation Term May Still Lead to Denial
Unlike many probation cases, DUI convictions under Vehicle Code §§23152 and 23153 receive discretionary review under §1203.4(c). Completion alone does not guarantee dismissal.
What the Judge Can Consider
The offense, probation performance, later conduct, and rehabilitation inform the interests-of-justice decision. Course records and employment restrictions can support relief. After a denial, the court's stated reasons determine whether additional evidence or review of legal error is appropriate.
Unpaid Restitution Cannot Be Used to Deny Relief
Section 1203.4(c)(3) prohibits using unpaid victim restitution or a restitution fine as any ground for denial. In People v. Murphy (2025), the appeals court reversed a denial partly based on nonpayment and ordered reconsideration, not dismissal. The debt remained enforceable. A legally improper ground may warrant review, while a permissible discretionary denial calls for different arguments.
3. Preparing a DUI Expungement Petition under §1203.4
The petition should connect the court record to the interests of justice, rather than rely only on the date probation ended.
Records Worth Reviewing before Filing
Gather the judgment, probation orders, course certificates, and any violation or modification records. Explain how violations were resolved. Employment or licensing letters and evidence of later conduct can support the petition.
CR-180, Prosecutor Notice, and Court Review
File CR-180 with the convicting court and submit CR-181 as the proposed order. Section 1203.4(d) requires 15 days' notice to the prosecutor before relief is granted, not a decision within 15 days. Hearings depend on local procedure. After approval, keep the signed order and verify that the court docket and DOJ criminal history reflect the updated disposition.
4. What DUI Expungement Changes for Employment and Driving Records
Dismissal may reduce hiring barriers, but DMV actions and prior-offense rules remain. Its effects differ across records and agencies.
| Area | Effect of §1203.4 dismissal |
|---|---|
| Private hiring | Limits use of qualifying dismissed convictions, subject to exceptions |
| Public office or licensing | Some disclosure duties remain |
| DMV | License actions and driving history remain |
| Future DUI | The conviction may still count as a prior |
Private hiring
- Effect of §1203.4 dismissalLimits use of qualifying dismissed convictions, subject to exceptions
Public office or licensing
- Effect of §1203.4 dismissalSome disclosure duties remain
DMV
- Effect of §1203.4 dismissalLicense actions and driving history remain
Future DUI
- Effect of §1203.4 dismissalThe conviction may still count as a prior
Employment, Licensing, and Disclosure
California Labor Code §432.7 generally restricts employers from asking about or using qualifying dismissed convictions, subject to exceptions. Public office, certain licensing applications, and regulated jobs can require disclosure. Keep the order as proof of dismissal.
The DMV Record and Another DUI
Vehicle Code §13555 preserves DMV licensing consequences. For noncommercial drivers, the DMV generally reports DUI convictions on public driving records for ten years. Separately, enhanced penalties for a later DUI use a ten-year period based on qualifying offense dates, not the dismissal date. Commercial rules differ.
Automatic Record Relief Works Differently
Under §1203.425, DOJ may automatically annotate eligible convictions and restrict certain disclosures without a petition. That is not the same as a §1203.4 court dismissal or erasure. Check the DOJ record and county court docket before assuming relief was entered.
5. Frequently Asked Questions about California DUI Expungement
Q: How long does a DUI expungement take in California?
A: There is no statewide decision deadline. Local calendars, objections, and hearings affect timing.
Q: Can a second DUI conviction be dismissed?
A: A second DUI is not automatically excluded. Each conviction requires an eligibility review and discretionary decision.
Q: Does a §1203.4 dismissal remove immigration consequences?
A: Generally no. Rehabilitation-based dismissals ordinarily do not remove a conviction for federal immigration purposes.
6. Reviewing a DUI Judgment before Requesting Dismissal
A petition needs more than proof probation ended. The judgment, resolved violations, and subsequent conduct inform the interests-of-justice showing.
A California DUI expungement attorney can assess the governing statute, prepare records, and address objections while explaining which employment protections may change and which DMV or repeat-offense consequences remain.
15 Oct, 2026
