How to Go About Expunging a DUI from Your Record in California
Expunging a DUI offers significant benefits for those with previous convictions on their records. While an expungement does not erase the DUI for DMV purposes or future DUI penalties, it can greatly improve your employment prospects and general quality of life.
Expungement can therefore limit the negative effects of a DUI and help you move on with your life.
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Can I Get My DUI Expunged?
Expungement may be available for either misdemeanor or felony DUI convictions, but only if you meet specific requirements:
- Complete all probation terms. Failure to do so will severely harm your chances of expungement.
- Avoid prison sentences. You must not have served time in a state prison (county jail under Prop 47 is okay).
Proposition 47 Explained
In 2011, Proposition 47 allowed for the reclassification of certain felony offenses to misdemeanors. If your DUI qualifies, you may serve time in a county jail rather than state prison, and you may be eligible for expungement.
Note: Most DUI offenses are not considered severe crimes like murder or sexual offenses and are more likely to qualify for expungement.
How Can I Complete the Expungement?
Once all probation requirements are fulfilled:
- File a petition with the court.
- A judge will review your petition and determine whether you qualify.
- If you pled guilty or no contest, you may retract that plea and enter a “not guilty” plea.
If a jury or judge previously entered a guilty verdict, the judge will set it aside.
Can I Drive Again?
If your license was suspended due to the DUI, expungement does not restore it. However:
- A first-time DUI license suspension often lasts about 6 months.
- Expungement may speed up the process of petitioning for reinstatement.
What if I Get Another DUI?
A second DUI in California will still be treated as a repeat offense, regardless of expungement. Penalties include:
- Up to 6 months in jail
- A second violation can lead to a year sentence
Expungement does not impact priorability for sentencing purposes.
Can I Speed Up My Expungement Process?
You must complete all probation terms to expunge your DUI. However, in some cases, you may be able to:
- Terminate probation early (possible in as little as 18 months)
- File a petition for early termination
- Then file for expungement
Judges often approve early termination if:
- You’ve completed all probation terms
- Paid fines
- Demonstrated rehabilitation
- Are attempting to move forward with education, employment, or travel
How Will Expunging a DUI Help Me?
Expungement can ease employment challenges, but California law protects employers in some ways:
- Employers cannot ask about expunged convictions.
- They can ask about criminal history after a conditional offer is made.
- Employers can rescind offers if they find the record—even if unfair.
Licensing Boards & Background Checks
Licensing boards and agencies may:
- Still access your expunged conviction
- Show leniency depending on circumstances
Final Thoughts
If you want to expunge your DUI in California, you must:
- Complete all probation terms
- Avoid prison time
- Petition the court properly
- Consider early termination of probation to speed up the process
For more help, contact the Esfandi Law Group to speak with an experienced criminal defense lawyer.
