How to Get a DUI Expunged in California: Eligibility and Filing

To get a DUI expunged in California, you file a Petition for Dismissal under Penal Code 1203.4 with the court that handled your case, asking the judge to withdraw your plea and dismiss the conviction. You qualify if you have completed probation, paid every fine and any restitution, and have no criminal charges pending against you anywhere.¹ The forms are standard, the filing fee is modest, and many misdemeanor petitions are decided without a hearing.

What the Dismissal Actually Does

California doesn’t erase convictions. What Penal Code 1203.4 provides is a dismissal: the court reopens your case, lets you withdraw your guilty or no-contest plea, enters a not-guilty plea, and then dismisses the case.¹ You are then released from most penalties and disabilities the conviction created. On a standard private job application, you can legally answer that you were not convicted of a crime.

The relief is real, but narrower than most people expect. It does not restore firearm rights if the conviction took them away. It does not remove the DUI from your DMV record. It does not stop the conviction from counting as a prior if you’re arrested for DUI again within 10 years. And for federal immigration purposes, the conviction still exists. Those limits are covered further down, because they shape whether petitioning is worth the effort in your situation.

Who Qualifies

Probation Must Be Finished

You need to have completed your full probation term and every condition attached to it, including DUI school, community service, and any treatment. A first-offense misdemeanor DUI typically carries three to five years of probation.¹ If you’re still on probation, you can ask the court to terminate it early under Penal Code 1203.3 through a separate motion showing that early termination serves the interests of justice.² Judges are more receptive when you’ve served most of your probation cleanly and paid everything you owe.

No Pending Criminal Charges

When you file, you cannot be charged with another offense, serving a sentence, or on probation anywhere in California or in another state.³ An unrelated open case will block the petition. Clear those first.

All Fines and Restitution Paid

Every court-ordered dollar must be paid, including fines, fees, and victim restitution.² Get proof of payment before filing. An outstanding balance gives the judge a clean reason to say no.

Felony DUI: Which Statute Applies

If your DUI was charged as a felony but you were sentenced to county jail and probation, you can still petition under PC 1203.4. If you served time in state prison, most commonly for a DUI causing injury, your petition falls under Penal Code 1203.42 instead, which imposes its own requirements including a waiting period of at least two years after finishing the sentence. Filing under the wrong statute wastes the filing fee and starts you over.

Check Whether Automatic Relief Already Applied

Since 2022, the California Department of Justice has been granting record relief automatically for eligible convictions, without a petition or a court appearance. The DOJ reviews its records monthly and applies the relief when the case qualifies.⁴ If you completed probation and picked up no new convictions, your misdemeanor DUI may already have been relieved. Request your criminal history record from the DOJ to check.

Automatic relief gives you the same core benefit as a PC 1203.4 dismissal and carries the same limits: it will not clean your driving record and will not stop the conviction from being used as a prior. The DOJ’s position is that no additional filing is needed for eligible cases.⁴ If enough time has passed and your record still shows no relief, filing your own petition is the reliable path.

How to File the Petition

File the petition with the court where you were convicted. The main forms are CR-180 (the petition) and CR-181 (the order the judge signs if the petition is granted).⁵ Both are on the California Courts website or at the courthouse clerk’s office. If you’re still on probation and want to end it early at the same time, add form CR-9.²

Attach proof that probation was completed and fines paid, and include a short written statement describing what you have done since the conviction. Judges have discretion, and stable employment, community involvement, or completed education can push a borderline case in your favor. Filing fees vary by county. Most counties charge $60 for a misdemeanor and $120 for a felony; some charge a flat $120 regardless.³ Request a fee waiver if you can’t afford it.

Attorney fees for a straightforward misdemeanor DUI petition typically run between $400 and $2,500, with felonies and complicated probation histories costing more. Many people file simple misdemeanor cases themselves.

What Happens After You File

The court reviews the petition and supporting documents. Misdemeanor petitions with clean paperwork are often granted without a hearing. Some courts set one anyway. If a hearing is scheduled, appear. The prosecutor may support or oppose the petition, and being present lets you respond directly.

Judges look at whether you met every probation condition, whether you picked up new charges, and whether granting relief serves the interests of justice. Representation isn’t required, but an attorney helps when the prosecutor objects or when your record includes a probation violation that was later resolved.

If the Petition Is Denied

Most denials come from eligibility gaps or procedural mistakes: incomplete probation, unpaid fines, pending charges, wrong forms, missing documentation, or the wrong court. Fix the problem and refile. Denials based on the judge’s discretion, usually tied to a serious DUI or a pattern of alcohol-related offenses, are harder. There is no statutory cap on how many times you can petition, but filing the same weak petition again won’t change the outcome. Build a stronger record of rehabilitation and try later.

What the Dismissal Won’t Fix

Your DMV Record and Priors

PC 1203.4 affects the criminal record, not the DMV record. The DUI stays on your driving history for 10 years and continues to count as a prior during that window. A second DUI within 10 years is treated as a second offense whether or not the first was dismissed, carrying a minimum of 90 days in county jail and fines starting at $390, plus a longer license suspension.⁶ Insurers pull driving records, not criminal records, so premiums stay elevated until the 10-year reporting period ends. No legal mechanism removes a DUI from the DMV record early.

Commercial Driver’s Licenses

Federal regulation prohibits states from masking, deferring, or diverting any traffic conviction, including DUI, so it stays off a CDL holder’s driving record.⁷ A California expungement cannot remove the DUI from a commercial driver record. A first DUI still triggers a one-year CDL disqualification; a second means a lifetime disqualification.

Employment and Professional Licensing

For most private-sector jobs, the dismissal gives meaningful protection. California law bars most private employers from asking about or considering dismissed convictions, and you can answer “no” on a standard application asking whether you’ve been convicted of a crime.

The exceptions are real. You still must disclose an expunged DUI when applying for law enforcement positions, jobs requiring a government-issued professional license, or positions with certain financial institutions.⁸ Licensing boards in healthcare, real estate, and other regulated fields see dismissed convictions and can ask about them. The conviction also remains visible to law enforcement and courts. Disclose and explain rather than omit.

Immigration

Federal immigration authorities do not recognize state expungements. USCIS’s policy manual is explicit that an expunged record of conviction does not remove the underlying conviction for immigration purposes, and the Board of Immigration Appeals has held that any state action to dismiss, vacate, or otherwise clear a conviction through a rehabilitative statute has no effect on whether the conviction exists under federal immigration law.⁹ A single misdemeanor DUI usually doesn’t trigger deportation on its own, but multiple DUIs, a DUI involving drugs, or a felony DUI can create deportability or inadmissibility issues. Non-citizens should consult an immigration attorney before assuming an expungement changes their status.

Travel to Canada

Canada treats impaired driving as a serious offense under its immigration law, and Canadian border officers can see U.S. criminal records. A DUI, even one that has been dismissed, can make you inadmissible.¹⁰ If five years have passed since the end of your sentence including probation, you can apply for individual rehabilitation, which is permanent. A temporary resident permit may allow entry for a specific trip before then. After 10 years without a new conviction, you may qualify for deemed rehabilitation. Sort this out before booking travel.

Firearm Rights

PC 1203.4 explicitly does not restore the right to own or possess firearms.¹ A simple misdemeanor DUI usually doesn’t carry a firearms prohibition to begin with, so most people won’t notice this limit. If the DUI was a felony, or if the case triggered a separate firearms restriction such as a protective order, the dismissal alone won’t return your rights. Federal law generally treats an expunged conviction as unconvicted for firearm purposes unless the state’s expungement statute keeps the prohibition in place.¹¹ California’s does, so a felony DUI dismissal here does not lift the federal ban. Restoring firearm rights after a California felony requires a separate path, typically a certificate of rehabilitation or a governor’s pardon.

After the Order Is Granted

Once the judge signs the CR-181 order, the court updates its records and notifies the California Department of Justice, which then updates your state criminal history.⁸ The update can take several weeks to a few months. Third-party background check services and data aggregators often lag further behind the official record.

After a reasonable interval, request a copy of your criminal history from the DOJ and confirm the dismissal appears. If the conviction still shows without the dismissal notation, follow up with both the court clerk and the DOJ. Keep a certified copy of the CR-181 order permanently. It’s your proof, and you’ll want it in hand when an employer, a licensing board, or another gatekeeper asks.

1
California Legislative Information. California Penal Code 1203.4
2
Sacramento Superior Court. Expungement / Dismissal Pursuant to PC 1203.4, etc.
3
County of San Diego. Expungement (PC1203.4/PC1203.4a)
4
State of California – Department of Justice – Office of the Attorney General. Automatic Record Relief – Penal Code Sections 851.93 and 1203.425
5
Judicial Branch of California. Petition and Order for Dismissal Forms CR-180 and CR-181
6
California Legislative Information. California Vehicle Code 23540
7
eCFR. 49 CFR 384.226 – Prohibition on Masking Convictions
8
State of California – Department of Justice – Office of the Attorney General. Sealing Orders
9
U.S. Citizenship and Immigration Services. Volume 12, Part F, Chapter 2 – Adjudicative Factors
10
Canada.ca. Overcome Criminal Convictions
11
Office of the Law Revision Counsel. 18 USC 921 – Definitions