The 10–year lookback rule
Under California law, a DUI conviction stays on your DMV record for 10 years from the violation date. During this lookback period, any new DUI within that time will treat the prior as an enhancement, escalating penalties for repeat offenses. After 10 years, the prior DUI no longer increases sentencing severity.
Criminal record implications
A DUI remains on your criminal record indefinitely unless expunged. Expungement under Penal Code §1203.4 dismisses the conviction after successful probation and payment of fines, restoring certain rights and improving employment prospects. It does not erase the DMV record or remove the prior for future DUI sentencing purposes.
Insurance and SR–22 requirements
Most insurers categorize DUI convictions as high–risk for at least 3–5 years, dramatically increasing premiums. Drivers must also file an SR–22 certificate for three consecutive years to maintain or reinstate driving privileges. The DMV details SR–22 requirements here: https://www.dmv.ca.gov/…/ffdl-18/.
Expungement: eligibility and benefits
Most misdemeanor DUIs qualify for expungement once probation and financial obligations are complete. The process petitions the court to dismiss the case, resulting in “not guilty” and “case dismissed” entries on the criminal record. Felony DUIs involving injury or probation violations may not be eligible. Learn more: California Courts Self-Help Expungement Guide.
Strategies to reduce long-term impact
- Fight early: A reduced charge such as reckless driving (VC §23103) or dismissal prevents the 10-year record mark.
- Stay compliant: Complete probation cleanly to qualify for expungement and avoid probation violations that block relief.
- Review DMV record: Verify removal after 10 years and confirm SR–22 expiration to prevent insurance surcharges.
Case study: Expungement success
In a 2024 case, a client completed three years of informal probation on a first-time DUI in Orange County. Our office filed a PC 1203.4 petition immediately upon eligibility, securing expungement within 45 days. The client later obtained a professional license previously denied, illustrating real-world relief from expungement’s benefits.
FAQs
Can I expunge a DUI right after conviction?
No. You must first complete probation (usually three years for a misdemeanor).
Does expungement remove the DMV record?
No. The DMV retains the DUI for 10 years for administrative and enhancement purposes.
How does a DUI affect employment?
It appears on background checks until expunged. Expungement shows dismissal and rehabilitation to employers.
Can multiple DUIs be expunged?
Yes, though each requires its own petition. Felonies or injury DUIs complicate eligibility.
The bottom line
A DUI may stay on your record for 10 years, but its impact can be managed and mitigated. Early legal intervention, compliance with probation, and timely expungement help protect your future. Braden & Tucci—Southern California’s Most Respected DUI Attorneys—provides expert defense and record-clearing guidance to restore your peace of mind.
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