The cost to expunge a DUI in California usually runs between $625 and $1,500 in attorney flat fees for a straightforward misdemeanor, plus a court filing fee that varies by county and can often be waived. Handle the petition yourself and your out-of-pocket drops to the filing fee and a few dollars for court records. Felony DUIs, cases that still need probation terminated early, and petitions that pair a felony reduction with the dismissal all push the number higher.
Attorney Fees for a DUI Expungement
Most criminal defense attorneys quote DUI expungements as a flat fee. For a misdemeanor DUI where probation was completed without any violations, the going rate falls between roughly $625 and $1,500. That fee covers reviewing the case, preparing and filing the Petition for Dismissal under Penal Code 1203.4, and appearing at a hearing if the court sets one. Clean cases tend to land at the lower end.
Felony DUI cases cost more. If a felony reduction is on the table, or there was a probation violation to address, fees generally start around $1,200 and climb from there. Some lawyers bundle the felony reduction and the expungement into a single flat fee; others charge for each motion separately. Ask up front which approach the quote reflects.
Court Filing Fees
When you file a Petition for Dismissal, the court charges an administrative processing fee. Schedules vary by county, and recent legislative changes to streamline record clearing have reduced or eliminated fees for many petition types. Check the fee schedule on the superior court website for the county where the conviction occurred, because Los Angeles County may not charge the same as Sacramento or San Diego.
If the filing fee is a hardship, California courts offer waivers. You submit a fee waiver application with the petition. Eligibility is based on income, receipt of public benefits, or an inability to cover basic living expenses after paying the fee.
Extra Costs That Can Push the Total Up
The petition itself isn’t always the only expense. A few common situations add steps and fees.
- Early termination of probation. You can’t file for expungement until probation ends. If you’re still on probation and want to move sooner, you can petition the court to terminate it early. That’s a separate motion, and an attorney will charge for it on top of the expungement fee. The court has discretion to grant or deny the request, and having paid all fines and completed all program requirements strengthens it.
- Felony reduction under Penal Code 17(b). If your DUI was charged as a felony wobbler and you received probation, you can ask the court to reduce it to a misdemeanor before seeking expungement. An expunged misdemeanor looks better than an expunged felony and preserves certain rights, including firearm possession in some situations. Attorneys often charge separately for this motion, though some bundle it with the dismissal.
- Obtaining court records. If you don’t have your case number or disposition paperwork, you may need to request copies from the court clerk. Fees vary by county, but expect a few dollars per page.
Filing It Yourself
You can file the petition without a lawyer, and for a clean misdemeanor DUI many people do. You’ll need two forms: the Petition for Dismissal (Form CR-180) and the Order for Dismissal (Form CR-181). Both are available from the California Courts website or the clerk’s office at the courthouse where you were convicted. Complete one set for each conviction you want dismissed.
After filling out the CR-180 and the top portion of the CR-181, file them with the court where the conviction occurred. You also have to serve a copy of the petition on the prosecuting agency, which is the District Attorney’s office in that county. That gives the prosecutor a chance to review and potentially object.
The court will either set a hearing date or rule on the paperwork alone. Many straightforward misdemeanor DUI expungements are granted without a hearing when probation was completed cleanly. Doing it yourself keeps your spending to the filing fee (if not waived) and any records costs.
Are You Even Eligible?
Before paying anyone, confirm you can file. California law requires that you’ve completed probation in full, including any jail time, community service, fines, and DUI education programs. You also qualify if the court discharged you from probation early, or if the court decides in the interest of justice that you deserve relief even though probation wasn’t perfectly completed.
You cannot be currently serving a sentence, on probation for a different offense, or facing pending criminal charges when you file.
Unpaid restitution is not a bar. Penal Code 1203.4 explicitly states that an unfulfilled restitution order or restitution fine cannot be used to deny the petition.
Penal Code 1203.4 applies to people who were sentenced to probation. If you served time in state prison for a felony DUI, a separate statute, Penal Code 1203.42, may offer relief, particularly if the offense would now be served in county jail under current sentencing law.
What the Fee Does Not Buy You
Before writing a check, know the limits. A dismissal removes real penalties and disabilities, but it has hard limits that matter especially for DUI cases.
It Does Not Clear Your DMV Record
The court system and the DMV keep separate records. An expungement clears the court record, but the DUI stays on your DMV driving record for 10 years from the date of the offense. Pick up another DUI inside that window and the earlier conviction still counts as a prior. The statute says so: a prior conviction “may be pleaded and proved” in a later prosecution “and shall have the same effect as if probation had not been granted or the accusation or information dismissed.”
It Does Not Shorten Your SR-22 or Lower Your Insurance
California requires most DUI offenders to carry an SR-22 certificate for three years from the date your license is reinstated. Expungement does not shorten that period. The DMV sets the requirement independently of the court record. Insurers pull your DMV driving record, where the DUI remains visible for the full ten years, so don’t expect the dismissal itself to drop your premium.
It Does Not Restore Firearm Rights
If your conviction triggered a firearm ban, expungement does not lift it. The statute is explicit that dismissal “does not permit a person to own, possess, or have custody or control of a firearm.” A felony reduction under PC 17(b) before expungement can restore firearm rights in some situations, which is one reason attorneys recommend pursuing the reduction first when it’s available.
You Still Have to Disclose to Licensing Boards
The dismissal order itself informs you that expungement does not relieve you of the duty to disclose the conviction when applying for public office, any state or local license, or a contract with the California State Lottery Commission. Professional boards for nursing, medicine, law, and real estate can still see and weigh the conviction. Most ask about dismissed convictions specifically, so answering “no” after expungement can create a bigger problem than the original conviction.
Federal Background Checks May Still Show It
The FBI maintains its own criminal history database as a passive repository and relies on state agencies to send updated dispositions. After the court grants your petition, the court and the California Department of Justice should update their records and notify the FBI, but the process isn’t instant and sometimes breaks down. If your FBI record still shows the conviction, you’ll need to work through the California DOJ to push the correction upstream.
The Free Alternative: Automatic Relief
California’s automatic record relief program, codified in Penal Code 1203.425, costs nothing because it requires no petition. Starting in October 2024, the Department of Justice reviews its statewide databases monthly and identifies people whose convictions qualify.
To qualify, you must not be required to register as a sex offender, must not have an active supervision record, and must not appear to be currently serving a sentence or facing pending charges. The timeline depends on the conviction:
- If you completed probation without revocation, you’re eligible for automatic relief.
- For misdemeanors and infractions with no probation, you’re eligible one calendar year after the date of judgment, once the sentence appears completed.
- For felonies, you’re eligible four years after completing all terms of incarceration, probation, supervision, and parole, provided you haven’t been convicted of a new felony in that period. Serious felonies, violent felonies, and sex offenses are excluded.
Automatic relief is not the same as a court-ordered dismissal. The DOJ adds a notation to your record that limits who can see it during background checks for employment, licensing, and certification, and courts restrict public access. The record itself isn’t deleted or sealed in the traditional sense. If you need the record cleared sooner than the automatic timeline allows, or if DOJ records contain errors that keep automatic relief from triggering, the petition under Penal Code 1203.4, with the costs described above, is still your route.