Can You Expunge a DUI?
The ability to get one of the varying Driving While Intoxicated charges removed from your record depends on a multitude of things:
- Severity – Was it a misdemeanor or a felony?
- Location – What state did it occur in?
- Age – Juveniles are much more likely to have their records expunged
- Time – How long has it been since you’ve completed punishment for your DUI offence?
- Deferral – Some states have deferral programs that you can opt into instead of being charged with a DUI
There are also different levels of removing a DUI from your criminal history. Expungement is the ideal method as it removes the charge from your record as if the crime was never committed. Alternatively, you can have your record sealed. Sealing your record just removes the record from general public view while still being maintained on your RAP sheet (Record of Arrests and Prosecutions).
If you live in a state that doesn’t offer expungement in some cases you may be eligible to receive a pardon from the governor. This is exceedingly rare.
How Long is a DUI on Your Record – List of DUI Expungement Laws by State
| State | Expungement Available | Is it a Felony or a Misdemeanor | If there is a non-conviction are the records sealed? | Code Section | DUI Points on Licence | Length Points Remain on Licence |
|---|---|---|---|---|---|---|
| Alabama | No (Unless Juvenile):Expungement is only available for Juveniles, 5 years after you reach the age of majority you can petition to have the DUI records destroyed | N/A | Yes, non-violent felonies and misdemeanors, including cases where charges dismissed. | Ala. Code § 41-9-625 (If you are released from custody without being charged your records should automatically be deleted within 30 days). | 6 | 2 years |
| Alaska | No, Alaska does not allow for expungement although if probation is succesfully completed your record may be marked as 'set aside' Alaska Stat. § 12.55.085 | Both | The burden is on you to prove that it was a case of mistaken identity or the accusation is false beyond reasonable doubt. This is only available in cases of non-conviction. | Alaska Stat. § 12.62.180(b) | 10 | 2 points are removed every 2 years |
| Arizona | Yes, the court can “set aside” and discharge your conviction | Both | If you are not convicted your records will not be sealed/expunged but a note can be made that says you are cleared of any arrests or indictments. | Ariz. Rev. Stat. Ann. § 13-907 | 8 | 3 years |
| Arkansas | Yes, if you complete probation your records can be sealed (for first time DUI's only, and only upon succesfull completion of probation). | Both | If no charges are filed within one year, the case is dismissed, or there is no conviction. | Ark Code Ann.§ 16-90-1401 et seq | 14 | 3 years |
| California | Yes, You may replace with dismissal of charges. | Both | If you are arrested or charged but not convicted your records may be removed Cal. Penal § 851.8(d) | Cal. Penal §§ 17(b), 1203.4, 1203.4a, 1203.41. | 2 | 13 years |
| Colorado | No (Unless Juvenile), expungement for DUI related offenses can only be expunged if they occurred as a Juvenile | N/A | If you are arrested or charged but not convicted your records may be removed. | Colorado Revised Statutes § 24-72-308 | 8 | 2 years |
| Connecticut | Yes, Connecticut uses a system where you can have an 'Expungement Pardon' | In Connecticut you can have an expungement pardon 3 years after a misdemeanor or 5 years afters afelony. | An erasure of criminal records can occur in Connecticut when charges your charges have been dismissed or when you have been acquitted. | Conn. Gen. Stat. § 54-142a(d) | 3 | 2 years |
| Delaware | No: DUI related offences are not available for expungement in Delaware. If your DUI has been charged as a misdemeanor you may apply for a pardon, if it is a felony there is nothing to be done. | Misdemeanors | Arrested or charged but not convicted | 11 Delaware Code § 4376 | Additional Penalties | N/A |
| DC | No | N/A | If you were arrested but not charged, you may apply for a petition of 'actual innocence'. | D.C. Code § 16-802 | ||
| Florida | No, there is no expungement for DUI's. If you get the charge reduced to 'reckless driving' there are expungement opportunities available. | N/A | N/A | Fla. Stat. Ann. §§ 943.0585, 943.059 | Additional Penalties | 3 years |
| Georgia | No | N/A | Georgia has a 'record restriction' law. If you are arrested or charged but not convicted your records may be sealed. | Ga. Code Ann. § 35-3-37 | Additional Penalties | 2 years |
| State | Expungement Available | Is it a Felony or a Misdemeanor | If there is a non-conviction are the records sealed? | Code Section | DUI Points on Licence | Length Points Remain on Licence |
|---|---|---|---|---|---|---|
| Hawaii | No | N/A | In Hawaii if you are arrested or charged but not convicted your records may be sealed. In the case of bail forfeiture your records will not be able to be sealed. | Hawaii Revised Statutes § 831.32 | N/A (No point system) | N/A |
| Idaho | No, but Idaho does have a deferred judgement program for DUI offences in Idaho your records may be changed to 'withheld judgment' or 'deferred entry of judgment' once you have completed probation. | Misdemeanor only | Idaho authorizes sealing of non-conviction records, including court records, upon request to the state police after one year. § 67-3004(10) | Idaho Code 19-2604 | Additional Penalties | 3 years |
| Illinois | No, there is no expungement for DUI's. | N/A | In Illinois if you are arrested or charged but not convicted you may have your records sealed. | 20 Ill. Comp. Stat. Ann. 2630/5.2(b) | N/A (No point system) | N/A |
| Indiana | Yes, if your DUI is a misdemeanor you may have it expunged after 5 years. A felony DUI expungement has a wait period of 8-10 years. | Both | In Indiana if you are arrested or charged but not convicted you may have your records sealed. | Ind. Code § 35-38-9-6 | 8 | 2 years |
| Iowa | Yes, if it is a first time DUI or a deferred entry of judgement you may have your record expunged. | Both | In Iowa if you are arrested or charged but not convicted you may have your records sealed. | Iowa Code §§ 123.46, §§ 907.3, 907.9 | N/A (No point system) | N/A |
| Kansas | Yes, if you have a first-time DUI your record can be expunged 5 years after the sentence ends or probation is completed. For each DUI after the records can only be expunged after 10 years. | Both | In Kansas if you are arrested or charged but not convicted you may have your records sealed. | Kan. Stat. Ann. § 21-6614 | N/A (No point system) | N/A |
| Kentucky | Yes, for misdemeanour DUI's you are eligible to have your record expunged after 5 years. If you have a felony DUI there is no expungement. for eligible five years after a misdemeanor conviction | Misdemeanor | In Kentucky if you are arrested or charged but not convicted you may have your records sealed. | KRS 431.078 | Additional Penalties | 2 years |
| Lousiana | No | N/A | In Louisiana if you are arrested or charged but not convicted you may have your records sealed. | Louisiana Criminal Code § 44:9 | N/A (No point system) | N/A |
| Maine | No | N/A | In Maine if you are arrested or charged but not convicted you may have your records sealed. | 16 Maine Revised Statutes Annotated §§ 701 et seq | Additional Penalties | 1 year |
| Maryland | No | N/A | In Maryland if you are arrested or charged but not convicted you may have your records sealed. | Maryland Expungements (Maryland Judiciary Guide) | 12 | 3 years |
| State | Expungement Available | Is it a Felony or a Misdemeanor | If there is a non-conviction are the records sealed? | Code Section | DUI Points on Licence | Length Points Remain on Licence |
|---|---|---|---|---|---|---|
| Massachusetts | No, expungement is not possible. Although your records may be sealed after 5 years for a misdemeanor and 10 years for a felony DUI. | Both | In Massachusetts if you are arrested or charged but not convicted you may have your records sealed. | Chapter 276, Section 100A, Massachusetts General Laws | 5 | 6 years |
| Michigan | No | N/A | In Michigan if you are arrested or charged but not convicted you may have your records sealed. | Michigan Legislature - Section 780.621 | 6 | 2 years |
| Minnesota | Yes, must follow a waiting period of 2 years after completing the sentence, probation, and paying all fines. | Misdemeanor | In Minnesota if you are arrested or charged but not convicted you may have your records sealed. | MN Statutes §609A.02 | N/A (No point system) | N/A |
| Mississippi | No | N/A | In Mississippi if you are arrested or charged but not convicted you may have your records sealed. | Miss. Code Ann. §§ 99-15-26(5) | N/A (No point system) | N/A |
| Missouri | Yes, but only for first time DUI's after a waiting period of 10 years. Misdemeanors only | Misdemeanors | In Missouri if you are arrested or charged but not convicted you may have your records sealed. | Section 577.054 - Missouri Revised Statute | 8 | 1.5 years |
| Montana | Yes, although each case will be looked at very closely. There is a 5 year waiting period for expungement of misdemeanor DUI's, this takes effect after sentencing, jail time, and fines have been paid. | Misdemeanor | In Montana if you are arrested or charged but not convicted you may have your records sealed. | Title 46, Chapter 23, Part 5, MCA | 10 | 3 years |
| Nebraska | No | N/A | In Nebraska if you are arrested or charged but not convicted you may have your records sealed. | Nebraska Revised Statutes § 29-3523 | 6 | 2 years |
| Nevada | No, although your records can be sealed for a first and second misdemeanour DUI after a waiting period of 7 years post sentence/probation. A 3rd DUI becomes a felony charge and cannot be sealed. | Misdemeanor can be sealed but not expunged | In Nevada if you are arrested or charged but not convicted you may have your records sealed. | Nevada Revised Statutes § 179.285 | Additional Penalties | 1 year |
| New Hampshire | Yes, you will need to apply for an annulment which is available 10 years after conviction. | Both | In New Hampshire if you are arrested or charged but not convicted you may have your records sealed. | N.H. Rev. Stat. Ann. § 651-C:5 | 6 | 3 years |
| New Jersey | No. Interestingly, New Jersey classifies DUI's as a traffic offense and not a criminal one. So while a DUI will not exist on your criminal record in New Jersey, it will forever be a part of your driving record. | N/A | In New Jersey if you are arrested or charged but not convicted you may have your records sealed. | N.J. Statutes § 2C:52-27 | Additional Penalties | N/A |
| State | Expungement Available | Is it a Felony or a Misdemeanor | If there is a non-conviction are the records sealed? | Code Section | DUI Points on Licence | Length Points Remain on Licence |
|---|---|---|---|---|---|---|
| New Mexico | No | N/A | In New Mexico if you are arrested or charged but not convicted you may have your records sealed. | New Mexico Statutes § 29-3-8.1 | Additional Penalties | 1 year |
| New York | No | N/A | In New York if you are arrested or charged but not convicted you may have your records sealed. | New York Criminal Procedure Law § 160.50 | Additional Penalties | 1.5 years |
| North Carolina | Yes, for first time misdemeanors you can request an 'expunction' 15 years after the charges. There is also room for an expunction if you are a Juvenile or between the ages of 18-22 depending on the severity of the charges. | Misdemeanor | In North Carolina if you are arrested or charged but not convicted you may have your records sealed. | North Carolina General Statutes §§ 15A-145 | Additional Penalties | 3 years |
| North Dakota | No | N/A | The non-conviction records can be sealed only if the arrest was found to be unlawful and you have no further convictions. | N.D. Cent. Code § 31-13-07 | Additional Penalites | 3 years |
| Ohio | No | N/A | In Ohio if you are arrested or charged but not convicted you may have your records sealed. | Ohio Revised Code 2953.32 | 6 | 3 years |
| Oklahoma | Yes, for misdemeanors there are a set of rules as to how soon you may expunge your records. For misdemeanors with a deferred sentence you must wait one year after the sentence is complete. For fines under $501 you can expunge immediately after paying the fine. For fines over $500 you will need to wait 5 years after paying the fine. For your first felony offense you are able to have your record expunged 5 years after probation, sentencing, and fines. If you have 2 felony offences you need a pardon for expungement, after 2 you cannot expunge even with a pardon. | Both | In Oklahoma if you are arrested or charged but not convicted you may have your records sealed. | Title 22 Oklahoma Statutes § 18 | Additional Penalties | 3 years |
| Oregon | No. Oregon refers to a DUI as a DUII (Driving under the influence of intoxicants) and does not make allowances to have DUII records expunged | N/A | In Oregon if you are arrested or charged but not convicted you may have your records sealed. | Oregon Revised Statutes § 137.225 | N/A (No point system) | N/A |
| Pennsylvania | Yes, if you have a misdemeanor DUI and apply for the ARD (Accelerated Rehabilitative Disposition) program your DUI will be expunged upon succesful completion | Misdemeanors | In Pennsylvania if you are arrested or charged but not convicted you may have your records sealed. | 234 Pa. Code Rule 320 | Additional Penalties | 3 points are removed each year |
| Rhode Island | Yes. Misdemeanors after 5 years, felonies after 10 years. | Misdemeanors after 5 years have passed, felonies after 10 years. | In Oklahoma if you are arrested or charged but not convicted you may have your records sealed. | Rhode Island Statutes §§ 12-1.3-1 to 12-1.3-4 | N/A (No point system) | N/A |
| South Carolina | No | N/A | In South Carolina if you are arrested or charged but not convicted you may have your records sealed. | South Carolina Statutes § 22-5-910, § 44-53-450, § 34-11-90 | Additional Penalties | 2 years |
| State | Expungement Available | Is it a Felony or a Misdemeanor | If there is a non-conviction are the records sealed? | Code Section | DUI Points on Licence | Length Points Remain on Licence |
|---|---|---|---|---|---|---|
| South Dakota | Yes, South Dakota allows expungement of DUI records providing that completion of all related punishments were completed 10 years prior. There is also a caveat allowing for expungement of DUI's if you are over the age of 75. | Misdemeanor | In South Dakota if you are arrested or charged but not convicted you may have your records sealed. | South Dakota Statutes § 23-6-8.1 | 10 points | It varies depending on the situation |
| Tennessee | No | N/A | In Tennessee if you are arrested or charged but not convicted you may have your records sealed. | Tennessee Statutes §§ 40-35-313 | Additional Penalties | 2 years |
| Texas | No | N/A | In Texas if you are arrested or charged but not convicted you may have your records sealed. | Texas Code of Criminal Procedure § 55.01 | 2 | 3 years |
| Utah | Yes, must follow waiting period for misdeamonor DUI's of 10 years after you have finished your probation, jail sentence, and all related fines. | Misdemeanor, Felony DUI only if pardoned | In Utah if you are arrested or charged but not convicted you may have your records sealed. | Utah Code § 77-40-105 | Additional Penalties | 2 years |
| Vermont | No, although your records can be sealed 10 years after you complete your sentence, probation, and all related fines (First offense only) | N/A | In Oklahoma if you are arrested or charged but not convicted you may have your records sealed. | 13 Vermont Statutes Annotated § 7601 | Additional Penalties | 2 years |
| Virginia | No, although you may be granted a pardon in which case you could expunge your records in that manner. | N/A | In Virginia if you are arrested or charged but not convicted you may have your records sealed. | Virginia Statutes § 19.2-392.2 | Additional Penalties | 2 years |
| Washington State | No | N/A | In Washington State if you are arrested or charged but not convicted you may have your records sealed. | Washington Statutes § 9.96.060 | N/A (No point system) | N/A |
| West Virginia | No, once charged with a DUI your record cannot be expunged. West Virginia does have a DUI deferral program which means that instead of being charged with a DUI you can commit the deferral program. One year after the date of dismissal from court you can apply to have your record expunged (if all conditions have been met). | N/A | In West Virgina if you are arrested or charged but not convicted you may have your records sealed. | W. Va. Code § 61-11-25 | Additional Penalties | 2 years |
| Wisconsin | No, OWI charges will be on your record permanently although in rare cases an expunction cant be granted. Expunctions are only granted for persons who were under 25 at the time of the OWI. | Misdemeanors | In Wisconsin if you are arrested or charged but not convicted you may have your records sealed. | Wisconsin Statutes § 973.015 | 6 | 5 years |
| Wyoming | Yes, for misdemeanor DUI's that are at least 5 years past the date of conviction. | Misdemeanors | In Wyoming if you are arrested or charged but not convicted you may have your records sealed. | Wyoming Statutes § 7-13-1501 | N/A (No point system) | N/A |