Can You Expunge a DUI in California? Complete 2026 Guide

What is DUI expungement in California?

"Expungement" is a common but slightly misleading term. In California, what most people call expungement is technically a dismissal under Penal Code 1203.4. The court withdraws the guilty plea, enters a not-guilty plea, and dismisses the case. The conviction no longer needs to be disclosed on most private job applications.

Eligibility for DUI expungement

You generally qualify if:

• You completed all terms of probation (DUI school, fines, community service)
• You are not currently charged with a new offense
• You are not currently on probation for another case
• You did not serve time in state prison (only county jail or probation)

Felony DUI cases (4th DUI within 10 years, DUI with injury, vehicular manslaughter) require additional steps and may need to be reduced from felony to misdemeanor first under PC 17(b).

The expungement process in Orange County

1. Get your court records. Pull your case from the Orange County Superior Court records system.
2. File the petition. File Form CR-180 (Petition for Dismissal) at the courthouse where you were convicted — typically Central Justice Center for Santa Ana cases.
3. Serve the District Attorney. The Orange County DA has the right to oppose the petition.
4. Court hearing. Usually decided in 6–12 weeks. Many petitions are granted without a hearing if uncontested.
5. Receive the order. Once granted, request multiple certified copies — you'll need them for employers, licensing boards, and personal records.

What expungement does NOT do

• Does not remove the DUI from your DMV record. Insurance rates and driving privileges are unaffected.
• Does not restore gun rights (felony DUI specifically).
• Does not erase the arrest record — only the conviction.
• Does not help with immigration consequences. ICE, CBP, and USCIS can still see expunged convictions.
• Does not prevent priorability. If you get another DUI, the expunged one still counts as a "prior" for sentencing.

What expungement DOES do

• Allows you to legally answer "no" to "have you been convicted of a crime?" on most private job applications
• Helps with apartment rental applications
• Supports professional license applications (though boards can still see the record)
• Provides emotional and reputational closure

Get help with your DUI expungement

If you completed probation for a DUI in Orange County and want to clean up your record, contact the Law Offices of Steven A. Alexander. With 30+ years of Orange County practice, we know the local procedures at Central Justice Center, Harbor, North, and Lamoreaux Justice Centers.