How to Expunge a DUI Conviction in California
TL;DR: California law allows certain individuals with a DUI conviction to petition the court for relief that can set aside the conviction and dismiss the case under Cal. Penal Code § 1203.4 (commonly called “expungement”). This guide explains general eligibility, the petition process, and what relief from the court can and cannot do for a DUI record in California.
What “Expungement” Means in California
In California, what people commonly call “expungement” is technically a dismissal under Cal. Penal Code § 1203.4. If granted, the court withdraws the guilty or no contest plea (or sets aside the verdict), enters a not guilty plea, and dismisses the case. The conviction is not erased from your record, but it is updated to show that it was dismissed. A dismissed DUI conviction can still be used as a “prior” if you are charged with a new DUI, and it generally must still be disclosed when applying for a state license or public office.
General Eligibility for DUI Expungement
Eligibility for relief under Penal Code § 1203.4 generally requires that you:
- Successfully completed probation (or were discharged early);
- Are not currently charged with, on probation for, or serving a sentence for another offense; and
- Were convicted of a qualifying offense.
DUI convictions under Cal. Veh. Code § 23152 and Cal. Veh. Code § 23153 are typically eligible if these conditions are met. People who served time in state prison for a felony DUI may need to pursue different relief. Because eligibility is fact-specific, consulting a California-licensed attorney is recommended.
Steps to Petition the Court
The general process involves:
- Obtaining your criminal record and confirming the case number and county of conviction;
- Confirming that probation has been completed and all fines, fees, and restitution have been paid;
- Preparing and filing the appropriate Judicial Council petition (commonly Judicial Council Form CR-180 (Petition for Dismissal)) with the court that handled the case;
- Serving the prosecuting agency; and
- Attending a hearing if the court requires one.
The court issues its decision on Judicial Council Form CR-181 (Order for Dismissal). The court has discretion to grant or deny relief based on the facts and the interests of justice.
What Expungement Does and Does Not Do for a DUI
A successful petition can help in many private employment and housing contexts because the case is shown as dismissed. However, an expunged DUI in California:
- Still counts as a prior conviction for purposes of any future DUI charge during the lookback period set by the California Vehicle Code, including Cal. Veh. Code § 23540;
- Does not restore a driver’s license suspended by the DMV (the DMV process is separate);
- Does not seal or destroy the arrest record; and
- Must still be disclosed in certain licensing and government contexts.
Additional remedies, such as record sealing of arrests under Cal. Penal Code § 851.91 (where applicable) or a Governor’s pardon, may be available in limited circumstances.
Practical Tips
- Request a copy of your RAP sheet so you can confirm exactly what is on your record before filing.
- Make sure all probation conditions, court-ordered programs (such as a licensed DUI program), fines, and restitution are fully completed.
- If probation is still active, ask whether early termination is appropriate before filing the petition.
- Check your county superior court website for local self-help guides and supplemental forms.
- Use the statewide Judicial Council forms and instructions where local forms are not required.
Pre-Filing Checklist
- Probation completed or terminated early.
- All fines, fees, and restitution paid in full.
- No new pending criminal charges.
- Not currently on probation or parole for any other case.
- Court-ordered DUI program completed.
- Correct case number and county of conviction confirmed.
- Form CR-180 completed and copies prepared for the prosecutor.
When to Talk to an Attorney
If your case involved a felony DUI, an injury allegation, immigration consequences, or denial of a prior petition, an experienced California criminal defense attorney can evaluate alternative remedies and craft arguments under the “interests of justice” standard. An attorney can also help if the prosecuting agency opposes the petition.
Ready to discuss your case? Contact our team for a confidential consultation to evaluate whether you may be eligible for relief.
Frequently Asked Questions
Does a California expungement completely erase my DUI?
No. Relief under Penal Code § 1203.4 changes the disposition to dismissed, but the conviction remains on your record and can be used as a prior in a future DUI prosecution and must be disclosed in certain licensing contexts.
Will an expungement restore my driver’s license?
No. DMV-imposed license suspensions or revocations are administered separately from the criminal court process and are not undone by a dismissal under Penal Code § 1203.4.
Can I file if I am still on probation?
Generally, you must have completed probation. However, in some cases you can ask the court to terminate probation early and then file the petition. An attorney can help assess whether early termination is appropriate.
What form do I use to petition for dismissal?
Most petitioners use Judicial Council Form CR-180 (Petition for Dismissal), and the court issues its decision on Form CR-181 (Order for Dismissal). Some counties also have local supplemental forms.
Will my expunged DUI count if I am arrested for another DUI?
Yes. A prior DUI, even if dismissed under § 1203.4, can be used to enhance penalties on a subsequent DUI within the lookback period set by the California Vehicle Code.
Sources
- Cal. Penal Code § 1203.4
- Cal. Veh. Code § 23152
- Cal. Veh. Code § 23153
- Cal. Veh. Code § 23540
- Cal. Penal Code § 851.91
- Judicial Council Form CR-180 (Petition for Dismissal)
- Judicial Council Form CR-181 (Order for Dismissal)
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. California laws, statutes, and court procedures change, and how the law applies depends on the specific facts of your case. Specific deadlines, lookback periods, and eligibility requirements can vary based on the offense and your individual history. For advice about your situation, consult a California-licensed attorney and review the official statutes and Judicial Council forms directly.
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