California DUI Arrest Records – What are they? How do I get mine?

A California DUI arrest record is a report created by a police department after one of its officers arrest someone for driving under the influence of alcohol. The report includes:

• the details of the arrest,
• the nature of the DUI offense,
• the results of any breath tests administered,
• booking photos, and
• information on subsequent court proceedings (if known).

Arrest records are often found during a background check. However, California requires that an arrest record to be sealed if a DUI arrest does not lead to

• criminal charges or a
• DUI conviction.

Arrest records and generally considered different documents than criminal records. The latter is a document that details a person’s criminal history, including any convictions for misdemeanor or felony offenses.

1. Are DUI arrest records part of the public record?

California DUI arrest records are generally part of the public record or public information. You can access an arrest record by contacting:

• the local law enforcement agency that made the arrest, or
• the local court that had jurisdiction over the DUI case for which an arrest was made.

With that said, however, California law requires that these records be destroyed or erased from the public record if:

• you are not later charged with or found guilty of a DUI offense, or
• charges of a DUI are dropped or dismissed.¹

Arrest records can be found by an employer or third-party company when the entity performs a background check. Note that many background check agencies will not include details about a person’s arrest history in their background check reports.

2. Can employers consider an arrest record in employment decisions?

California employers are prohibited from considering criminal history that did not result in a conviction when making hiring decisions. This includes a DUI arrest not resulting in conviction (unless the case is still open).²

Note that California’s “ban the box” law prohibits employers with five or more employees from asking about your criminal history (including DUI convictions) before making a conditional offer of employment. Even after making an offer of employment, an employer cannot refuse to hire you because of a conviction without first making an individualized assessment.³

Also, California law prohibits employers from asking about, or considering, expunged criminal convictions.⁴

3. Can I clear an arrest record?

In California, your arrest records that do not result in charges should be sealed automatically after one year in misdemeanor cases and after three years in felony cases (in general). You can also petition the court for a seal earlier than this.⁵

Note that dismissed charges should get expunged automatically right after the dismissal. DUI convictions should be expunged as soon as the case closes if you completed probation.

Otherwise, misdemeanor DUI convictions should be automatically cleared one year after the case ends while felony DUI convictions should be automatically cleared four years after the case ends. You can also try petitioning the court for an expungement earlier than this.⁶

4. How do I obtain my arrest record?

You can make a records request to the police department in California where you were taken into custody.

Otherwise, you can request it from the prosecutor in your DUI case during the discovery process in court.

5. Is an arrest record the same as a criminal record?

A criminal record is generally considered a separate and distinct document from an arrest record.

Criminal records set forth a person’s criminal history, including a listing of court orders and court records on any criminal convictions recorded in the U.S. court system (including both federal and California courts).

Criminal history records are maintained by the United States Department of Justice as well as California state and local law enforcement agencies.

A background check will usually disclose if a person has a criminal record. Though note that California laws and federal laws usually place limits on how an employer may use a criminal record in making employment decisions. Some of these laws include:

• ban the box laws,
• the Fair Credit Reporting Act (FCRA), and
• anti-discrimination laws.