I am Joel Brand, a California DUI defense attorney, and in this post I want to address a question I hear from clients weeks or even months after their case is resolved: will my DUI arrest still show up when a landlord runs a background check, even if I got it expunged? The short answer is complicated, and that complication matters if you are trying to rent an apartment or house while your case is still open or after it closes.
What an Expungement Actually Does in California
Under Penal Code 1203.4, an expungement allows you to withdraw your guilty plea, re-enter a not-guilty plea, and have the case dismissed. It does not erase the arrest from every database. Courts, law enforcement agencies, and certain licensing boards can still see the underlying record. What changes is the disposition: instead of showing a conviction, the record typically reflects a dismissal. That distinction is meaningful, but it is not a clean slate.
What Landlords Actually See on a Background Check
Most residential landlords use third-party consumer reporting agencies, not direct court database searches. Those agencies pull from a mix of sources: county court records, statewide repositories, national criminal databases, and sex offender registries. The quality and timeliness of those sources vary enormously. Some agencies update their databases frequently. Others carry stale information for years. This means a landlord's report could show your arrest, your original conviction, and sometimes even the expungement dismissal side by side, which is confusing for anyone reading it who does not understand what 1203.4 means.
California's Fair Chance Act and What It Means for You
California's Fair Chance Act (AB 1076 and earlier AB 1008) restricts when a landlord can ask about criminal history. For housing, California Government Code section 12955 and related regulations generally prohibit landlords from asking about arrests that did not lead to conviction, as well as certain sealed or expunged records. But enforcement is uneven, and not every landlord knows the rules. An arrest that is still pending, meaning your case has not concluded yet, can be even trickier because it is not a conviction at all. Knowing your rights and being prepared to explain them calmly is important.
The Difference Between an Arrest Record and a Conviction Record
These are not the same thing, and that difference matters on a background check. If you were arrested but the prosecutor never filed charges, or if the charges were never filed at all, your record reflects only an arrest. Landlords in California are generally not supposed to deny housing based solely on an arrest without conviction. If your case resulted in a conviction that was later expunged, the record shows a dismissal, not a live conviction. Neither outcome is invisible, but the legal weight each carries is very different.
Can You Seal the Arrest Instead?
If you were arrested but not convicted, you may be eligible to have the arrest record sealed under Penal Code 851.91. A sealed arrest is supposed to be treated as though it did not occur for most purposes, including most housing applications. This is a more powerful remedy than expungement of a conviction, because the arrest itself is what disappears from the public record. Whether you qualify depends on the outcome of your case and other factors specific to your situation.
Timing: Your Case Is Still Open. What Do You Do Now?
If you just got arrested and your case has not been resolved, you are in a different position than someone who finished the process. Right now, your record shows an open arrest. If a landlord runs a check during this window, they may see that arrest. The court process can take months, and the outcome of that process affects what your permanent record looks like. Getting the charges reduced, for example to a wet reckless, or getting them dismissed entirely, changes what a background check will eventually show. That is one concrete, practical reason the outcome of your case matters beyond just the courtroom.
What About Long-Term Consequences on Housing?
A DUI conviction carries long-term consequences that extend well beyond the fine or the license suspension. Housing is one of the most overlooked of those consequences. If a conviction stays on your record for years, every landlord who runs a check in that time may see it. Mitigating the charge early in the process, building a strong mitigation file, and pursuing expungement at the right time are all steps that affect your housing options down the road, not just your criminal record in the abstract.
Should You Disclose a DUI Arrest or Conviction to a Landlord?
This depends on what the application actually asks. If the application asks only about convictions and you have only an arrest, you generally do not need to disclose the arrest. If it asks about convictions within a certain number of years and your conviction falls outside that window, or was expunged, the answer may be no. Read the application carefully. Never lie on a rental application, because a landlord can reject you or terminate your tenancy for dishonesty. But you also are not required to volunteer information that is not asked for. If you are unsure, this is a practical question worth discussing with an attorney before you submit.
Steps You Can Take Right Now
First, pull your own background check. Several consumer reporting services let you see roughly what a landlord would see. Look at what the report shows and whether it is accurate. If there are errors, the Fair Credit Reporting Act gives you the right to dispute them. Second, understand the expungement process and when you become eligible. Third, if your case is still open, talk to an attorney about how the outcome affects your record. A plea to a lesser charge, or a dismissal, can have real consequences for your housing options that are worth factoring into how your case is handled. Fourth, know your rights under the Fair Chance Act so that if a landlord asks an improper question, you can respond appropriately.
How Working With an Attorney Affects This
The way your DUI case is resolved shapes everything that follows. An attorney who understands mitigation strategy, knows when to push for a reduction, and understands the downstream effects of each outcome can help you make decisions that protect more than just your driving record. Your ability to rent a home, your career, and your financial stability are all connected to how your case ends. That is the practical value of having someone in your corner who handles these cases every day.
If you were recently arrested for DUI in California and you are concerned about what this means for a rental application or a background check, I encourage you to reach out. You can get a free written case analysis on this page. Call me at (888) 271-6644. I answer my own phone, 24/7. You can also read more from the DUI blog for practical guidance on the questions most people have right after an arrest.