A DUI conviction can follow you for years—impacting job prospects, housing applications, and even professional licensing. But under California law, you may have a chance to leave that mistake in the past through expungement. If you’re wondering whether a DUI can be cleared from your record, the good news is that the answer is yes in many cases.
At Lamano Law, we’ve helped countless clients in Oakland and across the Bay Area move on from past convictions with a clean slate. Below, we explain how DUI expungement works, who’s eligible, and how a DUI expungement lawyer in Oakland can help you through the process.
What Is DUI Expungement?
In California, expungement refers to the legal process of dismissing a conviction from your criminal record under Penal Code § 1203.4. If granted, an expungement updates your record to show that the conviction was set aside after successful completion of probation. While the record isn’t completely erased, it does show that the conviction is no longer active—and in most situations, you can legally say you haven’t been convicted of a crime.
This is particularly valuable when applying for:
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Employment
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Professional licenses
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Housing
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College admissions
However, DUI expungements come with some limitations, and they do not restore driving privileges or remove the conviction from DMV records used by law enforcement.
Am I Eligible to Expunge a DUI in California?
Eligibility for DUI expungement depends on a few key factors:
You were convicted of a misdemeanor DUI (or reduced felony DUI) in California
Felony DUIs may be reduced to misdemeanors under Penal Code § 17(b), making them eligible for expungement in some cases.
You successfully completed probation
This includes paying all fines, attending DUI classes, and fulfilling any court-ordered requirements. If you violated probation, you may still be eligible—but it becomes a more complex process and is at the judge’s discretion.
You are not currently facing other criminal charges
You cannot expunge a DUI if you are currently charged with, serving time for, or on probation for another offense.
If you’re unsure whether you qualify, speaking with a DUI defense lawyer near you is the best way to find out where you stand and how to move forward.
How the DUI Expungement Process Works
Here’s what the expungement process typically involves:
1. Review Your Case
Your attorney will obtain court records and determine whether you meet the requirements. If you were charged with a felony DUI, they may explore whether the conviction can first be reduced to a misdemeanor.
2. File a Petition for Dismissal
A formal request is filed with the court under Penal Code § 1203.4. This includes a motion and any supporting documents.
3. Serve Notice to the District Attorney
The DA’s office must be notified of your petition. In some cases, they may oppose the request—especially if there was a probation violation or aggravating factor in your case.
4. Court Hearing (if required)
Some counties require a court appearance; others may grant expungements based solely on the paperwork. Your DUI attorney in the Bay Area will represent you and argue why your expungement should be granted.
5. Receive the Judge’s Decision
If the judge approves the petition, your conviction will be marked as dismissed in public court records.
What Expungement Does (and Doesn’t) Do
What it DOES:
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Updates your record to show the case was dismissed
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Allows you to legally state in most job applications that you have not been convicted
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Improves eligibility for housing, school, and professional licensing
What it DOESN’T Do:
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Remove the DUI from your DMV record
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Reinstate a suspended license
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Prevent prior DUI convictions from counting in future cases (for sentencing)
While an expungement won’t remove all consequences of a DUI, it can significantly improve your ability to rebuild your life.
Why Work with a DUI Expungement Lawyer?
California law allows individuals to file their own expungement petitions, but navigating the process without legal guidance can be overwhelming—especially if your case involves prior offenses, probation violations, or a felony DUI.
Working with a seasoned DUI lawyer in Oakland ensures:
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Your petition is properly prepared and filed
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All deadlines and notice requirements are met
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You have strong representation if your case goes before a judge
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You get an honest assessment of your eligibility and options
At Lamano Law, we offer experience, compassion, and a deep understanding of the California expungement process. We’ve helped clients throughout the Bay Area clear their records and reclaim their futures.
Take the First Step Toward Clearing Your Record
Whether your DUI happened five years ago or more recently, there’s no better time to explore expungement. With the right legal help, you can take steps to move forward—professionally, personally, and legally.
When you need a criminal defense lawyer near you, turn to Lamano Law. We represent clients across Oakland, San Jose, Berkeley, Alameda, San Mateo, Walnut Creek, and San Francisco—offering strategic defense and dedicated support at every step.
Contact us today to speak with a DUI expungement lawyer and find out if you qualify.
