How long a DUI stays on your record in California
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Two records, two answers. On the driving record: 10 years. On the criminal record: permanent unless a court grants relief.
The California driver handbook states it flatly: all DUI convictions remain on your driver record for ten years. The DMV reports them for that long on public records, and there is no early removal — a court can clear a criminal record without touching the driving one.
| Question | Answer in California |
|---|---|
| On the driving record | 10 years |
| On the criminal record | Permanent unless a court grants relief |
| Expungement or sealing | Only in limited circumstances |
| Source | California Driver Handbook, Alcohol and Drugs · checked 2026-08-30 |
Can it be cleared in California?
California can dismiss a conviction under Penal Code § 1203.4 after probation, which lets you answer many private employers’ questions as though it had not happened. It does not erase the DMV record: the ten years run whatever the court does.
Of the 15 states in this layer, 8 close the door on a conviction entirely, while Kansas will expunge one after a waiting period. So the blanket advice you find online — that a DUI can never be cleared, or that it always can after seven years — is wrong in both directions depending on where you were convicted.
The part of the California rule that catches people
Clearing the criminal record and clearing the driving record are separate errands in California, and only the first one is available. The DMV reports the conviction for ten years and the prior counts for enhancement over that period.
Why the answer is always two answers
The driving record is kept by the licensing agency to decide licences, insurance surcharges and how hard to punish a second offence. The criminal record is kept by the courts and the state police to answer background checks. They are created at different moments, governed by different statutes, and cleared — where they can be cleared at all — by different procedures.
That is why someone can be told truthfully that their conviction was “dismissed” and still fail a driving-job screening years later. If the job involves a vehicle, the record that matters is the one at the DMV.
What else is still running in California
The record outlasts every other obligation, which is why it is worth checking last rather than first. The programme, the filing and the device all end on their own clocks.
California DUI law in full → · Class requirements in California → · Insurance filing rules in California → · How records work everywhere →
Record questions in California
How long does a DUI stay on your record in California?
On the driving record, 10 years. On the criminal record, permanent unless a court grants relief. Those are two separate archives kept by two different agencies, and the answer people are usually given conflates them.
Can a DUI be expunged in California?
Only in limited circumstances. California can dismiss a conviction under Penal Code § 1203.4 after probation, which lets you answer many private employers’ questions as though it had not happened. It does not erase the DMV record: the ten years run whatever the court does.
Will a DUI show up on a background check in California?
It depends which check. A criminal-history search looks at the court record; an employer who pulls a motor vehicle record sees the driving record instead, and those clear on different schedules. In California the driving record holds it 10 years, which is why driving jobs keep asking about it long after the case is closed.
Does clearing the court record clear the driving record in California?
No, and that assumption is the single most common mistake in this area. The two are held by different agencies under different statutes; an order aimed at one does not bind the other unless the statute says so explicitly. In California: clearing the criminal record and clearing the driving record are separate errands in California, and only the first one is available. The DMV reports the conviction for ten years and the prior counts for enhancement over that period.
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.