The cost to expunge a DUI in California depends on the county and whether an attorney handles the petition. Some courts charge a local administrative or filing fee. Legal fees, record requests, and related motions may add to the total.
California uses the term “dismissal” rather than complete expungement. A successful petition changes the court record, but it does not erase every consequence of the DUI.
Can a DUI Be Expunged in California?
Many misdemeanor DUI convictions may qualify for dismissal under California Penal Code Section 1203.4.
A person generally must have completed probation and cannot be serving another sentence. The person also cannot be on probation or facing a pending criminal charge in another case.
If all probation terms were completed, the court generally must grant eligible relief. A judge may still consider a request when some terms were not completed. In that situation, the person must show why dismissal serves the interests of justice.
Most standard DUI cases involve probation rather than state prison. Eligibility can become more complicated when the conviction involved injury, multiple offenses, probation violations, or another active case.
How Much Does a DUI Expungement Cost?
California does not impose one statewide price for every DUI dismissal. Local courts may charge different processing or administrative fees.
A person should contact the superior court that handled the original DUI case. The clerk can confirm the current local fee and accepted payment methods.
The total cost may include:
- A county court or administrative fee
- Attorney fees
- Fees for certified court records
- Costs related to serving the prosecutor
- A separate motion to end probation early
- Travel or mailing expenses
Some courts may offer relief when a person cannot afford the required fee. The available procedure depends on the county and the type of charge.
Attorney fees also vary. A straightforward petition may cost less than a case involving early probation termination, missing records, or an objection from the prosecution.
Does a Person Need to Wait Until Probation Ends?
In most cases, a person must finish DUI probation before requesting dismissal. California DUI probation often lasts several years.
A person still on probation may ask the court for early termination under Penal Code Section 1203.3. The court has discretion to grant or deny that request.
Early termination is not automatic. A judge may consider compliance with probation, the reason for the request, criminal history, and public safety concerns.
If the court ends probation early, the person may then seek dismissal. Both requests may require additional documents and court review.
How to Request a DUI Dismissal
The process begins in the court where the conviction occurred. A person may need the case number, conviction date, code section, and probation information.
California Courts provides a current record-cleaning guide for misdemeanor convictions. The guide explains eligibility and the basic filing process.
A typical request involves these steps:
- Confirm eligibility and obtain the criminal case information.
- Complete the required court forms.
- File the documents in the original court.
- Give the prosecutor proper notice.
- Attend a hearing if the court schedules one.
- Obtain a signed dismissal order.
The main filing document is the Petition for Dismissal, Form CR-180. The court records its decision on Form CR-181.
Local courts may require extra forms or proof of service. Court procedures can also differ by county.
A related conviction may follow similar rules. Her Lawyer explains the process for those seeking to expunge a wet reckless in California.
How Long Does DUI Expungement Take?
The timeline depends on the county, court workload, and complexity of the petition. A routine request may take several weeks or months.
The process may take longer when the court schedules a hearing. Delays can also occur when records are incomplete or the prosecutor objects.
A petition involving early probation termination usually requires more time. The court must decide that request before it can grant dismissal under Section 1203.4.
What Does DUI Expungement Accomplish?
When the court grants relief, it allows the person to withdraw a guilty or no-contest plea. The court then enters a not-guilty plea and dismisses the accusation.
This relief may improve employment opportunities. California employers generally cannot consider a conviction that has been dismissed under qualifying record-cleaning laws.
However, the conviction is not destroyed. The case may still appear in court or government records with a notation showing its dismissal.
What Does a DUI Expungement Not Do?
A DUI dismissal does not erase the DMV record. It also does not reverse a completed license suspension or remove all insurance consequences.
The prior DUI may still count in a later criminal case. California law allows a dismissed conviction to be pleaded and proved in a future prosecution.
Dismissal also does not eliminate every disclosure duty. A person may still need to disclose the conviction when applying for public office, certain government licenses, or contracts with the California State Lottery.
The order does not automatically restore firearm rights or remove immigration consequences. Separate rules apply to those issues.
Is an Attorney Required?
California does not require an attorney to file a DUI dismissal petition. A person may complete and file the forms without legal representation.
An attorney may help when eligibility is uncertain or the case involves probation problems. Legal assistance may also be useful when requesting early termination or responding to an objection.
FAQs About the Cost to Expunge a DUI in California
Is DUI expungement free in California?
Not always. Court fees vary by county, and attorney fees may apply. The court clerk can confirm the current local charge.
Does expungement remove the DUI from a driving record?
No. A Penal Code Section 1203.4 dismissal does not remove the conviction from the DMV driving record.
Can a DUI be expunged before probation ends?
A person must first obtain early termination of probation. The court has discretion over that request.
Is an expunged DUI completely erased?
No. The court dismisses the conviction, but the record is not physically destroyed. Government agencies may still access it in some situations.
Legal Help With a California DUI Dismissal
The cost and process depend on the court, probation history, and facts of the conviction. A criminal defense attorney can determine whether the case qualifies and whether another motion is necessary.
Contact Her Lawyer to discuss a California DUI dismissal, an early probation termination request, or a related record-clearing matter.