How to Remove a DUI Record in California

California allows people convicted of a DUI to have their record expunged under certain conditions. While expungement removes the conviction from your criminal record and changes it to a dismissal, you cannot remove the conviction from your criminal history record, which will still show the conviction and subsequent dismissal. Expungements give a person certain benefits, such as being able to answer "no" to a potential employer's question about whether or not you've been convicted of a crime. California's DUI expungement laws are complicated, so talk to a licensed attorney if you need legal advice about your case.

Instructions

1. Prepare a petition. You must ask the court to expunge your DUI from your record by filing a petition for relief pursuant to California Penal Code section 1203.4 and 1203.4a. You may be able to download a form at your county's website, or you can contact your local county courthouse and ask the clerk of the criminal court where you can get a copy.

2. Mail a copy of the completed petition to the District Attorney. You have to mail the copy to the California District Attorney's Office that originally prosecuted your case.

3. Complete the Proof of Service.You can usually obtain, or find out where to obtain, the form from the clerk's office at your local county courthouse. You must show the court that you properly delivered the copy of the expungement petition to the District Attorney's office. Do this by completing the form or by delivering the petition to the District Attorney's Office and having a representative acknowledge it and stamp it when received.

4. File the petition. You must file the petition with the clerk of the court in your county courthouse, though not necessarily in the county where the offense was prosecuted. You must file five copies of the petition and pay the filing fee of $120 (as of 2010), or file a fee waiver form FW-001. The petition must be two-hole punched at the top of each page.

References

• California Department of Motor Vehicles: Penal Code Section 1203.4a
• California Courts Self-Help Center: Clean Up Your Criminal Record
• County of Orange, California: Petition for Relief Under Penal Code 1203.4 and 1203.4a
• County of Sacramento Superior Court: GENERAL INFORMATION ON California Penal Code (PC)1203.4/1203.4a

Resources

• California Courts Self-Help Center