In California, a DUI conviction stays on your criminal record for life unless you have it expunged, and it stays on your DMV driving record for 10 years. Those are two different records with two different clocks. Your criminal record does not clear on its own after any amount of time. Your DMV record drops the DUI as a "prior" after 10 years, but the criminal conviction is still there. The good news: most people can clear the criminal conviction through a court process called expungement once their case is finished.
Criminal record: forever, unless expunged. DMV record: 10 years as a countable prior. Background checks by employers: usually 7 years for a commercial check, but the record still exists.
The two records a DUI creates
When you are convicted of a DUI in California, it lands in two separate places. Understanding the difference is the key to understanding how long it "stays."
1. Your criminal record
This is the record kept by the courts and the California Department of Justice. A DUI conviction stays here permanently. There is no date when it simply falls off. This is the record that a serious background check, a professional license board, or a court can see. The only way to change how this record looks is to petition the court to expunge the conviction.
2. Your DMV driving record
This is the record the Department of Motor Vehicles keeps about your driving history. A DUI stays on your DMV record for 10 years from the date of the offense. During those 10 years, the DUI counts as a "prior." If you get a second DUI inside that window, the first one makes the penalties for the new case much worse. After 10 years, the DUI stops counting as a prior for a new case — but it can still be visible on your history and it does not erase the criminal conviction.
What "10 years" really means for a second DUI
California uses a 10-year "lookback period" for DUIs. This is one of the most important numbers in DUI law, so it is worth being clear about. If you are arrested for a new DUI within 10 years of a prior DUI, the court treats the new case as a second offense. A second DUI carries more jail exposure, a longer license suspension, and a longer DUI school program than a first offense. A third DUI in 10 years is worse still. Once more than 10 years have passed, the old DUI no longer counts as a prior, and a new arrest is usually treated as a first offense again.
The lookback clock runs from offense date to offense date. Even if the old case does not count as a prior anymore, it still exists on your criminal record. "Off the DMV clock" is not the same as "gone."
Will a DUI show up on a background check?
Yes, until it is expunged. If a landlord, an employer, or a licensing board runs a background check, a DUI conviction will normally appear. There is one limit worth knowing: under California law, commercial background-check companies generally cannot report a conviction that is more than seven years old. But that seven-year limit is a rule about what the reporting company can show — it does not mean the conviction is gone. The record still exists, and some checks, such as those for jobs in law enforcement or licensed professions, can look back further. For a full picture of how this works, see our guide on whether a criminal charge shows up on a background check in California.
How to clear a DUI: expungement under Penal Code 1203.4
For most people, expungement is the real answer to "how long does it stay." Once you finish probation and complete every requirement the court ordered — fines, DUI school, and any other terms — you can petition the court under Penal Code 1203.4. If the judge grants it, you are allowed to withdraw your guilty or no-contest plea, a not-guilty plea is entered, and the case is dismissed.
After an expungement, on most job applications you can honestly answer that you were not convicted of that offense. It is the strongest tool California gives most people to limit the damage of an old DUI. A few important limits: expungement does not remove the DUI from your DMV record, it does not restore gun rights on its own, and it does not erase the 10-year prior window. Some felony DUIs and cases that included a prison term follow different rules. Our full California expungement guide walks through who qualifies and the step-by-step process.
You do not have to wait a set number of years for a DUI to "fall off." For the criminal record, the path is expungement — and you can usually start the moment probation ends.
What to do if you have a DUI on your record
- Confirm your probation is complete. Expungement usually requires that you finished probation and paid all fines and fees.
- Get a copy of your record. Knowing exactly what is on your criminal and DMV records tells you what you are working with.
- Ask about early termination. In some cases, an attorney can ask the court to end probation early so you can petition for expungement sooner.
- Talk to a defense attorney before you apply for jobs or licenses. The order in which you do these things can matter.
Frequently asked questions
Does a DUI ever fall off your record in California?
A DUI conviction stays on your California criminal record permanently unless you expunge it under Penal Code 1203.4. It does not disappear on its own. On your DMV driving record, a DUI stays for 10 years from the date of the offense and then stops counting as a prior.
How long does a DUI count as a prior in California?
Ten years. If you are arrested for a new DUI within 10 years of an earlier one, the old offense counts as a prior and raises your penalties. After 10 years, it no longer counts as a prior, though it remains on your criminal record.
Can you get a DUI expunged in California?
In most misdemeanor and many felony DUI cases, yes. After you finish probation and all court requirements, you can petition the court under Penal Code 1203.4 to withdraw your plea and dismiss the case. It clears the conviction for most employment purposes but does not erase the DMV record.
Will a DUI show up on a background check in California?
Yes, until it is expunged. A DUI conviction shows up on most background checks. Commercial reporting companies generally cannot report a conviction older than seven years, but the conviction still exists, and some checks look back further.
Have a DUI on your record you want to clear — or facing a new DUI charge? Attorney Randall T. Shrout is a former Sacramento County prosecutor who has handled DUI cases and expungements across California for over 24 years. Learn more about our DUI defense practice, read the expungement page, or request a free case review — or call (916) 937-8322 for a free, confidential consultation.
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