Can a DUI be expunged in California?

Whether a DUI can be cleared at all

A conviction under Vehicle Code section 23152 or 23153 carries two points under Vehicle Code section 12810, so Penal Code section 1203.4(c)(1) states that the automatic form of the relief does not apply to it. Section 1203.4(c)(2) allows the court, in its discretion and in the interest of justice, to grant the same relief to a person convicted of one of those violations who petitions for it.

“(c) (1) Except as provided in paragraph (2), subdivision (a) does not apply to a person who receives a notice to appear or is otherwise charged with a violation of an offense described in subdivisions (a) to (e), inclusive, of Section 12810 of the Vehicle Code.”

The driving record is a separate record

This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.

Not cleared. Vehicle Code section 13555 states that a dismissal under Penal Code section 1203.4 or 1203.4a, or relief under Penal Code section 1203.425, does not affect any suspension or revocation of the driving privilege, and that the prior conviction is still treated as a conviction when the department suspends, revokes or limits the privilege on the ground of two or more convictions. The DMV counts a second offense within 10 years for the longer suspension periods it lists.

“A termination of probation and dismissal of charges pursuant to Section 1203.4 of, or a dismissal of charges pursuant to Section 1203.4a of, or relief granted pursuant to Section 1203.425 of, the Penal Code does not affect any revocation or suspension of the privilege of the person convicted to”

What else sits on that record: suspensions and points in California.

How long the wait is, and from when

Penal Code section 1203.4 sets no fixed number of years. A petition may be made at any time after the period of probation ends, provided the person is not then serving a sentence for an offense, on probation for an offense, or charged with an offense. For the automatic route in Penal Code section 1203.425, a misdemeanor sentenced without probation qualifies once the sentence is served and at least one calendar year has passed since the date of judgment.

“the defendant shall, at any time after the termination of the period of probation, if they are not then serving a sentence for an offense, on probation for an offense, or charged with the commission of an offense, be permitted by the court to withdraw their plea of guilty”

Automatic or by petition

Penal Code section 1203.425 directs the Department of Justice to review state criminal justice databases monthly, beginning October 1, 2024, and to grant relief without any petition to people who meet the listed conditions. The conditions turn on sex-offender registration, active supervision, pending charges and completion of the sentence; there is no separate exclusion for driving-under-the-influence convictions. Penal Code section 1203.425 also states that relief granted this way is subject to Vehicle Code section 13555.

“Commencing October 1, 2024, and subject to an appropriation in the annual Budget Act, on a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases … and shall identify persons with convictions that meet the criteria set forth in subparagraph (B)”

Where it is filed, and what it costs

The Judicial Council form CR-180 is used to ask the court to dismiss a conviction under Penal Code section 1203.4 and related sections. The form notes that the Department of Justice may already have dismissed the conviction automatically under Penal Code section 1203.425, and that a petition may still add benefits such as felony reduction under Penal Code section 17(b). Under Penal Code section 1203.4(d), relief cannot be granted unless the prosecuting attorney has had 15 days' notice of the petition.

“PETITION FOR DISMISSAL (Pen. Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, 1203.49)”

Whether a cleared DUI still counts as a prior

Penal Code section 1203.4(a)(1) states that in any later prosecution the prior conviction may be pleaded and proved and has the same effect as if the dismissal had not happened. Vehicle Code section 13555 keeps the conviction usable by the DMV as a prior for suspension and revocation purposes.

“However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed.”

The statute: Cal. Penal Code § 1203.4

“the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Section 13555 of the”