Record Relief
California doesn't use the word "expungement" in its actual statute, and that gap between the common term and what the law actually does causes a lot of confusion. The relief is real, and it can meaningfully help — but it doesn't erase a DUI the way people often expect.
The Legal Basis: Penal Code 1203.4
What's commonly called an "expungement" in California is a dismissal under Penal Code § 1203.4[1]. For an eligible conviction, this process allows a person to withdraw their guilty or no-contest plea (or, after a trial, have a guilty verdict set aside), enter a not-guilty plea, and have the court dismiss the case. California's courts provide a self-help overview of this process at Clean Your Record[2].
Who Generally Qualifies
Eligibility for relief under Penal Code 1203.4 generally requires that probation has been successfully completed, or that the court grants relief early in appropriate cases, and that the person isn't currently facing new criminal charges. A DUI conviction that resulted in probation — which covers the large majority of first and second-offense DUI cases — is a type of conviction that can potentially qualify.
What Dismissal Actually Does
Once granted, the dismissal allows a person to truthfully state, in most private employment contexts, that they were not convicted of the offense. Labor Code § 432.7[3] generally restricts most private employers from asking about, or considering, an arrest or detention that didn't result in conviction, and dismissed convictions receive related protections in many employment contexts.
What Dismissal Does Not Do
This is where the confusion usually starts, and it matters to understand clearly:
- It does not erase the DMV record. The California DMV maintains its own separate driving record, and a dismissed DUI conviction still appears there and still counts as a prior for purposes of California's 10-year DUI lookback period — meaning a dismissed first DUI can still make a later DUI a chargeable second offense.
- It does not automatically restore firearm rights lost due to a felony conviction.
- It generally does not seal the record from law enforcement, licensing boards, or certain government agencies, which may still see and consider the underlying conviction in specific contexts, such as professional licensing or applications requiring full disclosure.
- It does not reduce a felony DUI to a misdemeanor by itself — a separate process under Penal Code 17(b) applies to wobbler offenses eligible for reduction, and not every felony DUI qualifies.
- It does not undo a related DMV suspension that has already run its course, or apply retroactively to license consequences already served.
Why the DMV Distinction Matters So Much for DUI Specifically
For most misdemeanor convictions, dismissal under Penal Code 1203.4 is close to a full practical remedy. DUI is the exception, because the 10-year lookback period that determines whether a new arrest is charged as a first, second, third, or fourth offense is a DMV and prosecutorial function, entirely separate from the criminal court dismissal. A person who obtains a dismissal on a first DUI and is arrested again three years later can still be charged with a second-offense DUI, with the higher penalties that carries, even though the first case was "expunged."
The Petition Process
Relief under Penal Code 1203.4 isn't automatic — it requires filing a petition with the court that handled the original conviction, and in some counties, a hearing. Courts generally require confirmation that probation was completed (or that early termination was granted) and that there are no pending charges before granting the petition.
Questions about your case? Call (323) 622-4951. Free, confidential, 24/7.
Timing: Can You Petition Before Probation Ends?
In some circumstances, a person can request early termination of probation and petition for dismissal in the same proceeding, rather than waiting out the full probation term. Whether that's realistic depends on how much of probation remains, compliance with its terms, and the specific court's practices — which is part of why reviewing the original case file and probation record matters before filing.
Multiple DUI Convictions and Relief
Each DUI conviction requires its own separate petition for dismissal — relief granted on one conviction doesn't automatically extend to others. And because the DMV's 10-year lookback period tracks each conviction independently of whether it was later dismissed under Penal Code 1203.4, someone with more than one DUI on their record should understand that pursuing relief on one doesn't change how a prior or subsequent DUI is counted for charging purposes.
Does a Felony DUI Qualify?
A felony DUI conviction can potentially qualify for dismissal under Penal Code 1203.4 once probation is completed, but dismissal alone does not reduce a felony conviction to a misdemeanor. If the felony DUI was charged under a wobbler provision, a separate request under Penal Code 17(b) would be needed to address the felony classification itself, in addition to any petition for dismissal.
Frequently Asked Questions
Does a DUI expungement remove it from my driving record?
No — the DMV maintains its own separate record, and a dismissed DUI conviction still appears there and still counts toward California's 10-year lookback period for future DUI charges.
Can I get a DUI expunged if I'm still on probation?
Generally, relief under Penal Code 1203.4 requires that probation has been completed, though early termination of probation combined with a petition is possible in some cases.
Does expungement help with a job application?
In many private-employment contexts, yes — Labor Code 432.7 generally limits what most private employers can ask about or consider regarding a dismissed conviction, though certain licensing and government contexts are treated differently.
Questions about your case? Call (323) 622-4951. Free, confidential, 24/7.
Wondering Whether Your DUI Conviction Qualifies for Relief?
The eligibility rules and the practical effect of a dismissal depend heavily on the specific conviction and county. For guidance specific to a Chino Hills-area DUI case, see the firm's dedicated DUI expungement page. The Cespedes Law Firm, L.C. is headquartered in Chino Hills and represents clients in English and Spanish throughout California. Call (323) 622-4951 for a free consultation.
This article is general information about California law, not legal advice. Every case turns on its own facts; contact our office to discuss yours.