Quick Overview
- This is different from states that destroy or seal records.
- First-offense misdemeanor DUI is one of the most commonly expunged offenses in California.
- Many people find their expungement actually surfaces both entries in search results.
What California Expungement Actually Does
California expungement under PC § 1203.4 is technically a "dismissal" - you withdraw your guilty plea or verdict, re-enter a not-guilty plea, and the court dismisses the case. This is different from states that destroy or seal records. In California: For more information, visit the California Courts.
- The case history remains in court records but shows "dismissed" in the disposition
- You can legally deny the conviction on most private-sector employment applications
- The record may still appear in background checks that pull from the court directly
- It does NOT apply to state licensing boards, government jobs, or law enforcement positions
- It does NOT restore firearm rights
Who Qualifies for California Expungement
Under PC § 1203.4, you qualify if:
- You were placed on probation (formal or informal) and have successfully completed it, OR
- You were convicted of a misdemeanor and received a jail sentence (no probation) and have completed it
- You have no new criminal charges pending
- You completed all conditions of your sentence (fines paid, community service done, restitution paid)
Additional route: PC § 1203.4a applies to people who received a straight jail sentence without probation - slightly different eligibility criteria. Learn more about expungement vs. record sealing on our blog.
NOT eligible: State prison sentences (unless sentenced under realignment - Prop 47, Prop 36), violent felonies under PC § 667.5(c), and sex offenses requiring registration under PC § 290. Learn more about court record removal on our blog.
Cost of a California Expungement Attorney
| Case Type | Attorney Fee | Court Filing Fee |
|---|---|---|
| Single misdemeanor | $700-$1,800 | $120-$400 |
| Felony (reducible to misdemeanor) | $1,200-$2,500 | $120-$400 |
| Multiple cases | $1,500-$3,500 | Multiple fees |
| DUI expungement (PC 1203.4) | $800-$2,000 | $120-$400 |
The California Expungement Process
- File a petition for dismissal (CR-180 form) in the superior court where convicted
- Pay the filing fee or request a fee waiver
- Serve notice on the District Attorney's office
- Attend any hearing (many are granted without a hearing)
- Receive signed order from the judge
- File certified copies with the court clerk and California DOJ
California DUI Expungement (PC 1203.4)
First-offense misdemeanor DUI is one of the most commonly expunged offenses in California. Eligibility: completed probation, all fines paid, no new offenses. The expungement dismisses the case, allowing you to deny the conviction on most applications. Note: the California DMV maintains its own record independently - driving record restoration is a separate process. For more information, visit the California Legislature.
After California Expungement: Online Records
California expungement updates official court records to show "dismissed" - but this often shows up on background check sites and Google as both the original conviction AND the subsequent dismissal. Many people find their expungement actually surfaces both entries in search results. Removing the overall court record from Google and legal databases requires separate action targeting each platform. For more information, visit the California Bar.
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