How Long Does a DUI Stay on Your Record in California? 2025 Guide

Introduction

A Driving Under the Influence (DUI) conviction in California carries significant consequences that can impact various aspects of your life for years to come. Understanding how long a DUI stays on your record is crucial for managing its effects. It's important to distinguish between different types of "records" as the duration can vary.

Length by situation

1. Your California DMV Driving Record: 10 Years

For most non-commercial drivers, a DUI conviction will remain on your California Department of Motor Vehicles (DMV) driving record for 10 years from the date of the violation (or arrest date in some interpretations). This is a critical period because:

  • Prior Offense: Any subsequent DUI offenses within this 10-year window will be considered "priorable" offenses, leading to significantly enhanced penalties, including longer license suspensions, increased fines, and potentially more jail time.
  • Visibility to Law Enforcement: While not directly accessible to the general public, law enforcement agencies can see this record.
  • Insurance Implications: Insurance companies can access your DMV record, and a DUI will almost certainly lead to substantially higher insurance premiums for many years. There is no way to remove a DUI from your DMV record before this 10-year period naturally expires.

For commercial drivers, DUI convictions and certain related actions can remain on their record for an even longer period, up to 55 years in some cases, significantly impacting their ability to maintain a commercial driver's license (CDL).

2. Your Criminal Record: Potentially Permanent (with Automatic Sealing)

A DUI conviction, whether a misdemeanor or felony, will appear on your criminal record. Historically, this meant it could stay there indefinitely.

However, recent "Clean Slate" laws in California (such as AB 1076 and SB 731) have introduced automatic record sealing for many convictions, including some DUIs.

  • Misdemeanor DUIs: For eligible misdemeanor DUI convictions, your criminal record may now be automatically sealed one year after your sentence is completed, provided all conditions (like probation and fines) are met and no new offenses occur within that timeframe.
  • Felony DUIs: For eligible felony DUIs, the timeline is longer, with automatic sealing potentially occurring four years after your sentence is completed, assuming no further violations or serious criminal activity.

Important Considerations for Criminal Records:

  • "Sealed" vs. "Erased": When a record is sealed, it's not truly erased. It is generally concealed from public view, meaning it won't typically appear on most background checks for employment, housing, and other non-criminal purposes. However, law enforcement, the courts, and certain government agencies will still have access to the information.
  • Eligibility for Automatic Sealing: Not all DUIs are automatically sealed. Certain offenses, such as those requiring sex offender registration or cases involving extensive harm or injury, may be excluded. Additionally, if you have pending criminal charges or fail to meet the terms of your sentence, your record may not be eligible for sealing.
  • Prior Offense Use: Even after your criminal record is sealed, the DUI conviction can still be used as a "prior" offense if you incur another DUI within 10 years.

3. Your Insurance Record: Up to 7 Years (or More)

Your DUI conviction will undoubtedly impact your car insurance rates. Insurance companies typically consider a DUI for three to five years, though some may factor it into your premiums for up to seven years or even longer, depending on their specific policies, whether it's your first offense, and your overall driving history. You will also likely need to carry an SR-22 certificate, which signifies high-risk insurance, for several years.

Seeking Legal Counsel

Navigating the complexities of DUI records in California can be challenging. An experienced DUI defense attorney can:

  • Explain your specific situation: Determine how long your DUI will impact your various records based on your unique circumstances.
  • Assess record sealing eligibility: Advise you on whether your record qualifies for automatic sealing under current California laws.
  • Minimize long-term consequences: Work to reduce the overall impact of the DUI on your life.

Legal Disclaimer 

This site is for informational purposes only and is not legal advice. For help with your specific case, consult a licensed DUI attorney.

Location: California, USA

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