How To Clear A Dui Off Your Record

Posted on May 26, 2021

Fingers typing on laptop keyboard and sign that reads "DUI expungement"

In California, a conviction for driving under the influence (DUI) stays on the defendant's driving record for 10 years after the arrest. It cannot be removed from the driving record during that time. The record of the conviction stays on the defendant's criminal record forever, unless it is expunged. This includes both misdemeanor and felony offenses.

How long does a California DUI stay on someone's driving record?

A conviction for a DUI offense in California will appear on the defendant's driving record for 10 years. This period of time starts at the time of the DUI arrest, not the conviction. During this time period, there is no way to get the record removed. It will stay on the person's driving record until the entire 10-year period has passed, at which time it expires and falls off.

The Department of Motor Vehicles (DMV) can see the record of the DUI. They will refer to this record when making decisions about the defendant's driver's license, including:

license suspensions,
revocations, or
reinstatements.

Law enforcement will also see the DUI conviction when they pull up someone's driving record.

Car insurance companies will see the record of the DUI, as well. Because they are serious traffic violations, DUIs can increase the driver's car insurance rates.

What about on a criminal record?

Because DUI cases are criminal offenses, rather than just traffic infractions, a DUI will appear and stay on a defendant's criminal record permanently. The only way to get it removed is through the process of expungement.

Under California's DUI laws, people who have been convicted for drugged or drunk driving in California are eligible to pursue a DUI expungement if they successfully completed DUI probation for the offense, and they either:

did not serve jail time in state prison for the offense, or
served time in state prison, but would have served it in a county jail after the "realignment" under Proposition 47.¹

Drivers can pursue an expungement as soon as they are done with their term of probation. They can file a petition to expunge, or seal, the record of the offense. If the driver had pleaded guilty or no contest to the DUI charges, then he or she will be allowed to withdraw the plea and re-enter a not guilty plea. If the driver was found guilty after a trial, the judge will set aside the verdict. In either situation, the judge will then dismiss the case.²

This covers both felony and misdemeanor DUIs. A serious felony DUI, though, is unlikely to be eligible for expungement, though consulting with a local DUI attorney is the best way to find out, for sure.

What are the collateral consequences of a California DUI conviction?

Collateral consequences are the penalties or obstacles that people suffer from criminal charges, but that come from sources outside the criminal justice system. There are some significant collateral consequences that drivers face because there is a DUI on their criminal background. The blemish on their driving record will produce some problems, as well.

The DUI on a person's criminal history can be seen by anyone who conducts a background check. This can lead to lots of collateral consequences, including:

getting denied for a professional license or having a certification revoked,
repercussions for admission into college,
higher penalties for a subsequent DUI conviction,
having to disclose the conviction to potential employers during job applications, and
losing a job, if it requires a valid driver's license.

The only way to avoid these repercussions is to expunge, or seal, the conviction from public view. Expunging a DUI from a criminal record is something that often takes a skilled DUI lawyer or criminal defense attorney from a local law firm.

The DUI on a person's driving record is not as visible. It will likely only be seen by law enforcement, the DMV, and car insurance companies. However, there are still collateral consequences that come with this blemish on a driver's DMV record. It will likely:

raise a driver's auto insurance premiums, as car insurance companies see the driver as more of a risk, even if it was just a first offense or involved a low blood alcohol content (BAC) level,
create complications with the driver's license, and
cause problems for people who work for, or who are applying to work for, a company that requires disclosure of their driving record.

While often less severe than the collateral consequences of having a DUI on someone's criminal history, there is no way to seal or expunge the DUI from your driving record under California law. It will be there for 10 years after the arrest.

This is especially problematic for professional drivers, including truck drivers, taxi drivers, or people who drive for Uber or Lyft. The blemish of a DUI on their driving record can have huge consequences for their financial stability and their ability to earn a living.

About the Author

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Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.