A DUI conviction in California carries long-term consequences that can affect employment, housing, and personal reputation. Many people assume that once a DUI is on their record, it will follow them forever. One common question people have is can a DUI be expunged in California. The answer depends on the circumstances of the case and the criminal history of the person in question.
California law offers an option to clear certain convictions from a criminal record through a process called expungement. Expungement under California Penal Code 1203.4 does not completely erase a DUI from a person’s history, but it does update the case to show that the conviction was dismissed. This can be beneficial when applying for jobs, professional licenses, or other opportunities that require a background check.
For those who have completed their sentence and want a fresh start, pursuing expungement may be worth considering. The legal process can be complex, but with the right guidance, many people successfully petition the court to remove a DUI conviction from their public record. If you were arrested or convicted of a DUI, understanding your legal options can help you move forward. Speaking with a DUI defense attorney is the best way to determine whether expungement is possible in your case.
California DUI Expungement Basics
California law allows some individuals to have their DUI convictions dismissed through expungement, but this does not mean the record is entirely erased. The primary benefit is that once a conviction is expunged, it no longer needs to be disclosed in most job applications. However, the record still exists and may be visible to certain government agencies and courts.
Definition of Expungement Under California Penal Code 1203.4
Expungement under Penal Code 1203.4 allows individuals to withdraw their guilty or no-contest plea and replace it with a not-guilty plea. If a conviction resulted from a trial, the court will set aside the verdict. Once the expungement is granted, the case is officially dismissed.
What Expungement Does and Doesn’t Do
Expungement removes the conviction from standard background checks and legally allows a person to state that they have not been convicted of a crime in most situations. However, it does not restore driving privileges, prevent the DUI from being used as a prior offense for future DUIs, or erase it from law enforcement databases.
DUI Penalties in California
A DUI conviction in California carries legal penalties that can impact a person’s freedom, finances, and driving privileges. The severity of these penalties depends on whether it is a first offense or a repeat violation, as well as any aggravating factors like high blood alcohol concentration (BAC), accidents, or injuries.
First-Offense DUI
A first-time DUI conviction in California is typically charged as a misdemeanor and may result in:
- Up to six months in county jail
- Fines and penalties that can total $1,500 to $2,000
- Driver’s license suspension for six months (separate from the DMV’s administrative suspension)
- DUI education program lasting three to nine months
- Ignition interlock device (IID) requirement in some cases
Most first-time DUI offenders are placed on probation instead of serving jail time. Probation conditions often include mandatory DUI classes, community service, and restrictions on alcohol use.
Second-Offense DUI
A second DUI within ten years carries increased penalties:
- Up to one year in county jail
- Fines and penalties exceeding $2,500
- Two-year driver’s license suspension
- Mandatory 18- to 30-month DUI education program
- Ignition interlock device (IID) requirement for up to one year
The court may also impose stricter probation conditions, including alcohol monitoring and mandatory AA meetings.
Third-Offense DUI
A third DUI within ten years results in even harsher penalties:
- Up to one year in county jail
- Fines exceeding $3,000
- Three-year driver’s license revocation
- 30-month DUI education program
- Ignition interlock device (IID) requirement
Judges are less likely to grant leniency on a third offense, and some individuals may face a minimum of 120 days in jail.
Felony DUI
Certain DUI offenses are charged as felonies, which carry much more severe consequences. A DUI becomes a felony if:
- It is the fourth DUI within ten years
- The DUI caused serious injury or death
- The driver has a prior felony DUI conviction
Felony DUI penalties may include:
- State prison sentence of 16 months to four years (or more in injury cases)
- Fines up to $5,000
- License revocation for four years or longer
- Mandatory alcohol treatment program
- Significant restitution costs if injuries occurred
Aggravating Factors That Increase DUI Penalties
Certain circumstances can result in enhanced penalties, even for first-time offenders. These include:
- High BAC (0.15% or higher)
- DUI with a minor under 14 in the car (child endangerment charge may apply)
- Causing an accident
- Refusing a chemical test (automatic license suspension)
- Speeding 20+ mph over the limit while DUI
In these cases, the judge may impose harsher sentencing, including longer jail time, higher fines, or extended probation.
Long-Term Consequences of a DUI Conviction
Beyond legal penalties, a DUI can create lasting challenges, such as:
- Higher insurance rates or loss of coverage
- Difficulty securing employment due to background checks
- Problems obtaining professional licenses
- Permanent criminal record unless expunged
For those who have been arrested for DUI, speaking with an attorney as soon as possible can help protect their rights and explore options for reducing penalties or seeking expungement in the future.
Eligibility Requirements for DUI Expungement
Not all DUI convictions qualify for expungement. California law sets specific conditions that must be met before a petition can be filed.
Completed Probation Successfully
Expungement is only available to individuals who have completed their probation period without violations. Probation terms for a DUI often include fines, DUI school, and a requirement to avoid further legal trouble.
No Current Charges or Open Cases
A person seeking expungement must not be facing any new criminal charges or currently serving a sentence for another offense. Courts want to see that the individual has stayed out of trouble before granting relief.
Fulfilled All Court-Ordered Requirements
All fines, fees, DUI school, community service, and other court-ordered obligations must be completed before filing for expungement. The court will not consider a petition unless all conditions of sentencing have been satisfied.
Timing Considerations
Most people must wait until their probation period ends before applying for expungement. DUI probation in California typically lasts three to five years. In some cases, a motion for early termination of probation can be filed to speed up the expungement process.
The Expungement Process
Filing for expungement involves multiple steps, and any errors in paperwork or timing can delay or prevent approval.
Filing a Petition with the Court
The process begins by submitting a petition to the court where the DUI conviction occurred. This petition formally requests that the case be dismissed under Penal Code 1203.4.
Required Documentation and Forms
A petition for expungement must include court records, proof of completed probation, and other necessary documentation. Filing fees may also apply.
Court Hearing Process
In some cases, the court may hold a hearing where a judge reviews the petition and determines whether the individual qualifies for expungement. A defense attorney can present arguments and supporting evidence to increase the likelihood of approval.
Timeline Expectations
The expungement process can take several weeks or months, depending on court schedules and any objections raised by prosecutors. Working with an attorney ensures that all paperwork is properly prepared and submitted on time.
Benefits of DUI Expungement
Having a DUI expunged can open doors to new opportunities, but it does have limitations.
Employment Opportunities
Expungement allows individuals to legally state that they have not been convicted of a crime when applying for most jobs. This can make a significant difference in hiring decisions.
Professional Licensing Considerations
Certain professional licenses require disclosure of past criminal convictions. While expungement does not eliminate this requirement, it can demonstrate rehabilitation and improve chances of approval.
Personal Peace of Mind
Knowing that a DUI conviction no longer appears on most background checks can relieve stress and improve confidence when seeking employment or housing.
Limitations of Expungement
Even after expungement, a DUI still counts as a prior offense for sentencing purposes if another DUI occurs within ten years. It also remains visible to law enforcement and may impact professional licenses requiring full disclosure.
When Expungement Is Not Possible
Some DUI convictions do not qualify for expungement.
- Currently on Probation: If probation has not been completed, the court will not grant expungement. However, early termination of probation may be an option.
- Served State Prison Time for the DUI: DUIs that result in a state prison sentence, such as those involving serious injuries or multiple prior offenses, do not qualify for expungement.
- Subsequent DUI Violations: Multiple DUI offenses make expungement more difficult, especially if the individual has continued to reoffend.
- Failure to Complete Probation Terms: If probation terms were violated, the court may deny the expungement request.
Alternatives to Expungement
If expungement is not an option, other forms of post-conviction relief may be available.
- Early Termination of Probation: A motion can be filed to request an early end to probation, which may then allow for expungement.
- Certificate of Rehabilitation: This court-issued certificate helps individuals demonstrate rehabilitation and may improve employment and licensing opportunities.
- Governor’s Pardon: A pardon from the governor is one of the only ways to fully restore rights lost due to a criminal conviction.
- Record Sealing: In rare cases, DUI arrest records can be sealed if the case was dismissed or no charges were filed.
What To Do If Arrested for DUI in California
Being arrested for DUI in California can be stressful, but taking the right steps can help protect your rights and improve the outcome of your case. Law enforcement will gather evidence against you from the moment you are pulled over, so knowing how to respond can make a difference in your defense.
Stay Calm and Cooperate
Remaining calm and respectful during a DUI stop is crucial. Arguing with the officer or refusing to comply with lawful orders can escalate the situation. Even if you believe the stop is unfair, it is best to comply and contest the charges later in court.
Avoid Self-Incrimination
Anything you say can be used as evidence. While you must provide basic information like your driver’s license and registration, you do not have to answer questions about drinking. Politely say, “I choose to remain silent and would like to speak with an attorney.”
Field Sobriety and Breath Tests
California drivers are not legally required to take field sobriety tests (such as walking in a straight line or standing on one leg). These tests are subjective and often used to build a case against you. Politely declining is usually in your best interest.
However, chemical testing (breath or blood tests) is a different matter. Under California’s implied consent law, drivers who refuse a post-arrest breath or blood test face an automatic one-year license suspension, even if they are not convicted of DUI.
Request an Attorney Immediately
You have the right to legal representation. Asking for an attorney stops further questioning. Do not discuss details of the case with officers or anyone else until you speak with legal counsel.
Take Note of the Arrest Details
Write down everything you remember about the arrest as soon as possible, including:
- Where and when the stop occurred
- What the officer said and did
- Whether you were read your Miranda rights
- Whether field sobriety or breath tests were administered properly
Any procedural mistakes by law enforcement could be used to challenge the charges in court.
Act Quickly to Protect Your License
After a DUI arrest, the California Department of Motor Vehicles (DMV) will automatically suspend your driver’s license unless you request a hearing within 10 days. This hearing is separate from the criminal case, and failing to act in time can result in a suspension even if the DUI charges are later reduced or dismissed.
Appear in Court
A DUI charge requires a court appearance. Missing a court date can lead to a warrant for your arrest and additional penalties. If you hire an attorney, they can often appear on your behalf for misdemeanor DUI cases, saving you from having to attend every hearing.
Contact a DUI Defense Attorney as Soon as Possible
If you have been arrested for DUI, speaking with an attorney right away can help you understand your options and start building a defense. The sooner you take action, the better your chances of minimizing the impact of the arrest on your future.
The Experienced DUI Attorneys at the Law Offices of Evan E. Zelig, P.C. Can Help
A DUI conviction does not have to define your future. Whether you need help fighting a charge or seeking expungement, the Law Offices of Evan E. Zelig, P.C. is prepared to assist. Our legal team provides skilled representation to individuals in Santa Rosa and throughout California.
Call us now for your free consultation and let’s discuss your options. Let us help you take the next step toward clearing your record and moving forward with confidence.