Clearing a DUI conviction from your California record in 2026 means filing a petition for dismissal under Penal Code 1203.4 — and most people qualify the moment probation ends, even if they never realized it.
- Most misdemeanor DUI convictions in California qualify for expungement under Penal Code 1203.4 once probation is complete — file, don't wait.
- Form CR-180 is the core filing; expect 4-8 weeks for a judge to sign the CR-181 order in most California counties in 2026.
- Expungement clears the conviction for job and licensing purposes but does not restore your driving record with the DMV.
- A second DUI or felony DUI (VC 23153) needs a closer eligibility review before you file — Cole Law checks this in a free consultation.
Why this matters
A DUI conviction sits on your record long after the fine is paid and the classes are done. Background check companies pull it for years, and California employers in healthcare, education, and finance ask about convictions directly on applications.
Expungement under Penal Code 1203.4 lets you legally answer "no criminal conviction" on most job applications once the court grants your petition. It won't erase the DUI from every database overnight, but it changes what shows up on the record that matters most: the one a hiring manager or licensing board sees.
I've filed this petition for clients who assumed a DUI would follow them forever. In most cases, it doesn't have to — the process is procedural, not adversarial, as long as you're actually eligible.
What you'll need
- Proof probation is complete — your closed case file or the court's minute order showing discharge
- Certified court records from the county where you were convicted (request from the clerk's office)
- Form CR-180 (Petition for Dismissal) and Form CR-181 (proposed order), both free from the California Courts website
- A clean post-conviction record — no new charges pending since the DUI
- Filing fee or fee waiver paperwork, since costs vary by county
- Legal guidance if your case involved a felony DUI, a prior strike, or license suspension issues — this is where a DUI expungement lawyer earns their fee, because eligibility gets complicated fast once a second offense is in play
The steps
1. Confirm your probation status
You can't file until probation is fully discharged — filing early gets the petition denied outright. Check your case file or call the court clerk to confirm your discharge date; DUI probation in California typically runs 3 to 5 years depending on the county and prior record.
Common mistake: assuming probation ended on the date you stopped paying fines. Courts track discharge separately, and a missed final payment can quietly extend the clock.
2. Pull your certified case records
Request certified copies of your judgment and probation terms from the county clerk. You'll need the case number, conviction date, and sentencing details to complete Form CR-180 accurately.
Most counties process these requests in a few business days in 2026, though some rural courts take longer if records haven't been digitized.
3. Complete Form CR-180
This is the actual petition asking the court to dismiss your conviction under Penal Code 1203.4. Fill in your case number, the original charge (Vehicle Code 23152 for a standard DUI), and the date probation ended.
Attach Form CR-181, the proposed order — this is the document the judge signs if the petition is granted, so any error here delays the whole filing.
4. File with the same court that convicted you
Submit your petition to the criminal division of the superior court that handled your original DUI case, not your current county of residence if you've moved. Pay the filing fee or submit a fee waiver request if you qualify based on income.
Common mistake: filing in the wrong courthouse. If you were convicted in Los Angeles County but now live in Sacramento, the petition still goes to Los Angeles.
5. Wait for the prosecutor's response window
The district attorney's office gets roughly 10 to 15 days (county-dependent) to object to your petition after filing. Most uncontested DUI expungements move through without objection since eligibility is largely mechanical once probation is complete.
6. Attend a hearing if one is scheduled
Many California courts grant Penal Code 1203.4 petitions without a hearing when the case is uncontested. If a hearing is set, you'll appear before a judge who confirms your eligibility and signs the CR-181 order.
Expected outcome: a signed order that changes your case status to "dismissed" and formally sets aside the plea or verdict.
7. Get certified copies of the dismissal order
Once the judge signs the order, request certified copies for your records. You'll want these on hand for job applications, professional licensing boards, or if a background check company flags the old conviction incorrectly.
Talk to a DUI expungement attorney
Get a free case review before you file Form CR-180.
Troubleshooting
The court rejected my petition because probation wasn't actually complete. Request a probation status letter from the clerk before refiling — this confirms your exact discharge date and prevents a second rejection.
The DA's office filed an objection. This usually means new charges surfaced or the court has incomplete records of your compliance. You'll need a hearing to argue the petition, and legal representation matters more at this stage than any other.
My DUI included a felony charge (VC 23153 with injury). Felony DUI eligibility for Penal Code 1203.4 is narrower and sometimes requires reducing the charge to a misdemeanor first. This is not a DIY step — get a case review before filing anything.
The court denied my petition entirely. If dismissal isn't available in your situation, a certificate of rehabilitation is sometimes the next move, particularly for older, more serious convictions where full expungement isn't on the table.
My background check still shows the DUI after expungement. This is normal in the weeks right after your order is signed — private background check companies don't always update instantly. Certified copies of your dismissal order are your proof if an employer flags an outdated record.
Tools and resources
- California Courts self-help center for Form CR-180 and CR-181 (free download)
- Your county superior court clerk's office for certified case records
- How to find a criminal record expungement lawyer if your case has any complication beyond a straightforward first-offense DUI
- Cole Law's case review process for eligibility questions specific to your conviction history
What to do next
If your DUI is one of several items on your record, don't file petitions piecemeal. Review the full picture first — a broader guide to expunging a criminal record in California walks through how multiple convictions interact with eligibility rules before you file anything.
FAQ
Can you expunge a DUI conviction in California?
Yes, most misdemeanor DUI convictions qualify for dismissal under Penal Code 1203.4 once probation is fully complete. Felony DUI cases need a closer eligibility check before filing.
How long does DUI expungement take in California in 2026?
Uncontested petitions typically take 4 to 8 weeks from filing to a signed dismissal order, depending on the county's court calendar. Contested cases with a hearing take longer.
Does expunging a DUI remove it from my driving record?
No. Expungement under Penal Code 1203.4 dismisses the criminal conviction for job and licensing purposes, but the DMV keeps its own driving record separate from the court record.
How much does it cost to expunge a DUI in California?
Court filing fees vary by county, and fee waivers are available for those who qualify based on income. Attorney fees, if you hire one, are separate from the court filing cost.
Do I need a lawyer to expunge a DUI in California?
Not always — an uncontested, straightforward misdemeanor DUI case can be filed without one. A lawyer becomes valuable when the DA objects, the case involved a felony charge, or probation status is disputed.
Can a second DUI be expunged in California?
A second DUI conviction can often still be expunged once probation ends, but courts scrutinize repeat offenses more closely. Case-specific review matters here more than for a first offense.
What's the difference between expungement and a certificate of rehabilitation?
Expungement dismisses the conviction after probation; a certificate of rehabilitation is a separate court finding used for more serious convictions where dismissal alone isn't sufficient or available.
Will expunging my DUI show up on background checks?
A properly expunged DUI should no longer appear as an active conviction on most employer background checks. Some private databases lag behind court updates, which is why certified copies of your order matter.
One last thing
The part most people miss: expungement doesn't erase your DUI from the DMV's driving record, only from your criminal record. If a job or license application asks specifically about a criminal conviction, an expunged DUI under Penal Code 1203.4 lets you answer honestly that there isn't one — but if it asks about your driving history, that's a separate disclosure entirely. Know which question you're actually answering before you file anything with a court or an employer in 2026.
