If your DUI arrest never turned into a conviction, you can often have the arrest record sealed and destroyed so it stops showing up against you. I am Joel Brand, and here is the practical, step-by-step path to getting a DUI arrest sealed in California.
First, confirm there was no conviction
Sealing an arrest under Penal Code 851.91 applies when the arrest did not result in a conviction: charges were never filed, the case was dismissed, you were acquitted, or the matter was otherwise resolved in your favor. If you were convicted, the route is different. You would look at expungement instead. So the first step is simply identifying how your case actually ended, because that determines which remedy is even available to you.
Sealing as a right versus the interest of justice
The law treats two situations differently. In many no-conviction cases, sealing is available as a matter of right, meaning the court must grant it once you show the arrest did not lead to a conviction. In other situations the petition rests on the interest of justice, where you have to persuade the court that sealing serves justice given your circumstances, and the prosecution may push back. Knowing which category your case falls into shapes the entire approach, because a matter-of-right petition is largely procedural while an interest-of-justice petition calls for a developed showing about your record and your reasons.
The steps to seal
- Verify eligibility. Confirm the case ended without a conviction and that the time for the prosecution to refile has passed.
- Gather your records. The arrest date, the agency, the case or booking number, and the disposition.
- File the petition. A petition to seal is filed in the court where the case was or would have been handled, and served on the prosecuting agency and arresting agency.
- Respond to any objection. The prosecution can object, especially where sealing rests on the interest of justice rather than being a matter of right.
- Obtain the order. Once granted, the arrest record is sealed and set for destruction.
Watch the refiling window
One detail that trips people up is timing. If charges were never filed, the prosecution generally retains the ability to file until the statute of limitations runs, one year for a misdemeanor and three years for a felony from the date of the offense. Seeking to seal too early, while the refiling window is still open, can be premature. I confirm that the time to refile has effectively passed, or address it directly, so the sealing is built on solid ground rather than undone by a late-filed charge. Getting this timing right is part of making sure the relief actually sticks.
Why an arrest record matters even without a conviction
People are often surprised that an arrest can hurt them at all when they were never convicted, but an arrest record can surface on background checks and create a cloud of suspicion that the law never intended. Employers, landlords, and licensing bodies that see an arrest may draw their own conclusions, even though an arrest is not proof of anything. That is precisely the unfairness sealing is designed to cure: it lets someone who was not convicted close the book on the arrest so it stops working against them in the background, which for many people is the entire reason the relief is worth pursuing.
What sealing gets you
A sealed arrest is treated, for most purposes, as if it never happened. That means it should not appear on most background checks and you can generally state you were not arrested for the matter. For people who were never convicted, this is the difference between a clean record and one that still raises questions with employers and landlords. An arrest with no conviction can still surface in background checks and create suspicion that is entirely unfair to someone who was never found guilty of anything, and sealing closes that gap.
The limits to understand
Sealing is powerful but not absolute. Certain government and law-enforcement agencies, and some specific licensing contexts, may still be able to access a sealed record, and there are limited situations where a sealed arrest can be considered. For the overwhelming majority of everyday purposes, an ordinary job application, a rental application, a routine background check, a sealed arrest is effectively gone. Understanding the precise scope of the relief lets you answer questions accurately and confidently rather than over- or under-stating what the sealing accomplished.
Sealing versus expungement, and why the difference matters
People often use "sealing" and "expungement" interchangeably, but they are different remedies for different situations, and getting them confused wastes time. Sealing under 851.91 is for arrests that did not result in a conviction, and it treats the arrest as if it never happened. Expungement under Penal Code 1203.4 is for cases that did end in a conviction, and it sets aside the conviction after probation is completed, but the conviction still existed and is treated differently than a sealed arrest. If your case ended in your favor, sealing is the cleaner and stronger relief, which is exactly why confirming how your case actually concluded is the essential first step. See expungement for the conviction path.
When sealing is denied and what to do
An interest-of-justice petition can be opposed by the prosecution and denied, particularly where the prosecutor argues that the arrest reflected genuine wrongdoing or that sealing would not serve justice. That does not have to be the end of the road. A denial can sometimes be addressed by strengthening the showing, demonstrating rehabilitation, the hardship the record is causing, and the absence of any continuing concern, or by reapplying when circumstances have changed. A well-prepared petition that anticipates the prosecution's objections from the outset is far more likely to succeed than a bare-bones filing, which is one more reason careful preparation matters.
Why have a lawyer do it
Done correctly, sealing is largely paperwork, but mistakes stall it, and a prosecution objection can require argument. I confirm eligibility, prepare the petition properly, serve the right agencies, and handle any opposition so the relief actually goes through rather than getting bogged down or denied on a technicality. The legal framework behind it is in the 851.91 motion to seal article, and where there was a conviction instead, see expungement.
Want your DUI arrest off your record?
If your case ended without a conviction, let's find out whether you qualify. Use the free case analysis on this page, or call me directly at (888) 271-6644. I answer my own phone, 24/7.
From the DUI blog: Your DUI Mugshot Is Online. Here Is What You Can Actually Do About It.