While most DUI convictions are misdemeanors, the conviction is entered on the offender’s California Department of Justice (DOJ) criminal history (often referred to as a “Rap Sheet”). This conviction remains on the individual’s rap sheet forever unless a successful petition for dismissal is brought forward. The petition for dismissal, filed under Penal Code section 1203.4, is often referred to as an “expungement” although the dismissal is not a true and complete expungement. (More about that below.)
If you have been previously convicted on a misdemeanor DUI offense (or even a felony DUI offense in many cases) and you have completed your sentence, you should file a petition for dismissal of the conviction. As discussed below, the imperative to do so is even greater now that the “Clean Slate Act” is set to go into effect on January 1, 2021.
First about the petition: Anyone who has been convicted of a misdemeanor (and some felonies) is eligible to petition the court to dismiss and set aside the conviction after completion of sentence. The right to have the petition granted is automatic for the individual who has successfully completed his or her sentence, i.e., without any violations of probation or subsequent arrests or convictions. For those who violated their sentence—usually this is a violation of a term of probation—the petition can still be filed and depending on the circumstances, the petition may be granted. Once the conviction is expunged, the DOJ rap sheet shows the conviction is dismissed. After a DUI conviction is expunged, the conviction need not ever be disclosed on an employment application (with exceptions for certain positions such as a police officer) or on a housing application.