DUI Expungement by State: Where You Can Clear Your Record
About 28 states allow some form of DUI expungement, record sealing, or equivalent relief, while roughly 22 states keep DUI convictions on your criminal record permanently. California, Indiana, and Michigan are among the states that permit it; Florida, Oregon, and Illinois do not allow any clearing of DUI records.
Whether you can get a DUI expunged depends entirely on the state where you were convicted. About 28 states offer some form of relief, whether through expungement, record sealing, set-aside, or non-disclosure orders. The remaining states keep DUI convictions on your criminal record permanently.
This guide covers every state's rules, waiting periods, alternatives where expungement is unavailable, and how clearing your record affects employment, insurance, and future charges.
States That Allow DUI Expungement
The following states offer some form of DUI record clearing. Requirements, waiting periods, and the type of relief vary significantly.
Northeast states
The table below covers 4 states in the Northeast.
| State | Relief Type | Waiting Period | Key Conditions |
|---|---|---|---|
| New Hampshire | Annulment | 10 years | From date of conviction |
| Pennsylvania | ARD dismissal | After ARD completion | First offense; charges dismissed, arrest expunged |
| Rhode Island | Expungement | 5 years | First offense only; judge finds good moral character |
| Vermont | Record sealing | 10 years | 13 V.S.A. 7602(e); CDL holders ineligible |
Midwest states
The table below covers 7 states in the Midwest.
| State | Relief Type | Waiting Period | Key Conditions |
|---|---|---|---|
| Indiana | Expungement | 5 yrs (misdemeanor); 8 yrs (felony) | IC 35-38-9; no convictions during wait |
| Kansas | Expungement | 5 yrs (1st offense); 10 yrs (subsequent) | KSA 21-6614; misdemeanor only |
| Michigan | Set-aside | 5 years after probation | MCL 780.621; first OWI only |
| Minnesota | Expungement | 2 years (4th-degree DWI) | Chapter 609A; court has favorable presumption |
| Missouri | Expungement | 10 years | First offense only; no related offenses in 10 yrs |
| North Dakota | Record sealing | 7 years | N.D.C.C. 39-08-01.6; CDL holders ineligible |
| South Dakota | Expungement | 10 years | Misdemeanor only; felony DUI ineligible |
Southern states
The table below covers 6 states in the South.
| State | Relief Type | Waiting Period | Key Conditions |
|---|---|---|---|
| Arkansas | Record sealing | 10 years | Court must grant unless state shows clear and convincing evidence against |
| Kentucky | Expungement | 10 years | First offense only; no additional DUIs during wait |
| Louisiana | Expungement | 10 years | Code of Crim. Proc. Art. 978; no other convictions in 10 yrs |
| Maryland | PBJ expungement | 15 years (new Oct 2024) | First offense, alcohol-only, PBJ disposition only |
| Oklahoma | Expungement | Varies | Partial (deferred) or full expungement available |
| West Virginia | Expungement | 1-2 years | Misdemeanor only; ignition interlock completion may help |
Western states
The table below covers 6 states in the West.
| State | Relief Type | Waiting Period | Key Conditions |
|---|---|---|---|
| Arizona | Set-aside + sealing | After sentence completion; ~3 yrs for sealing | ARS 13-905, ARS 13-911 |
| California | Dismissal (PC 1203.4) | After probation completion | Penal Code 1203.4; does not seal record |
| Montana | Expungement | 5 years | Misdemeanor only; court has discretion |
| Nevada | Record sealing | 7 years (misdemeanor) | NRS 179.245; felony DUI can never be sealed |
| Utah | Expungement | 10 years | Misdemeanor first offense only; Ch. 77-40 |
| Wyoming | Expungement | 5 years | WS 7-13-1501; misdemeanor only; one lifetime use |
States That Do Not Allow DUI Expungement
These states keep DUI convictions on your criminal record permanently. No expungement, sealing, or equivalent relief is available for DUI convictions.
Northeast states
The table below covers 4 states in the Northeast.
| State | Notes |
|---|---|
| Connecticut | Excluded from Clean Slate automatic erasure; under review for 2026 |
| Massachusetts | OUI specifically excluded from expungement and sealing |
| New Jersey | DUI classified as traffic offense, not criminal; cannot use criminal expungement |
| New York | No true expungement; Clean Slate Act (Nov 2024) allows auto-sealing after 3-8 years |
Midwest states
The table below covers 4 states in the Midwest.
| State | Notes |
|---|---|
| Illinois | DUI not an expungable event |
| Iowa | OWI cannot be expunged (exception: deferred judgment) |
| Nebraska | No expungement; set-aside available (adds notation, does not remove) |
| Wisconsin | OWI specifically excluded under 973.015 |
Southern states
The table below covers 9 states in the South.
| State | Notes |
|---|---|
| Delaware | No expungement unless juvenile conviction |
| Florida | Permanent record; driving record retention: 75 years |
| Georgia | DUI excluded from record restriction |
| Mississippi | DUI cannot be expunged |
| North Carolina | DWI not eligible for expunction |
| South Carolina | DUI cannot be expunged |
| Tennessee | DUI cannot be expunged under TCA 40-32-101 |
| Texas | No expungement; non-disclosure order available (see below) |
| Virginia | Excluded from new sealing law (delayed to July 2026) |
Western states
The table below covers 6 states in the West.
| State | Notes |
|---|---|
| Alaska | Permanent criminal and driving record |
| Colorado | Specifically excluded from Clean Slate Act (July 2025) |
| Hawaii | No adult expungement; under-21 exception |
| New Mexico | DWI excluded from Criminal Records Expungement Act; stays on record 55 years |
| Oregon | DUII never eligible for expungement under ORS 137.225 |
| Washington | DUI cannot be expunged |
Alternative Relief
Several states that prohibit DUI expungement offer alternative forms of relief.
Texas Non-Disclosure Orders
Under Government Code 411.0736, Texas allows non-disclosure orders that seal first-time DWI records from private background checks. Requirements: first offense, BAC under 0.15, no accident involving another person, no child passenger. The waiting period is 3 years with ignition interlock completion (180+ days) or 5 years without.
New York Clean Slate Act
Effective November 16, 2024, New York's Clean Slate Act provides automatic sealing of eligible convictions. Misdemeanor DWI may auto-seal 3 years after release or sentence completion. Felony DWI may auto-seal after 8 years. However, DMV records remain for 15 years.
Certificates of Rehabilitation
Available in some states, these certificates do not erase the conviction but limit employer liability for hiring someone with a record. They demonstrate rehabilitation and can help with employment.
Governor Pardons
Available in all states as a last resort. A pardon does not erase the conviction but restores civil rights and demonstrates official forgiveness. Each state has different application processes.
What Expungement Does NOT Do
Understanding the limitations of DUI expungement is critical.
Prior Offense Enhancement
In virtually every state, an expunged DUI still counts as a prior offense if you are charged with another DUI. Prosecutors retain access to expunged records specifically for DUI enhancement purposes. In California, expunged DUI priors count for 10 years.
DMV Driving Record
Expungement of a criminal record does not remove the DUI from your DMV driving record in most states. Insurance companies check driving records, not criminal records. The insurance impact of a DUI typically lasts 3 to 10 years regardless of criminal record expungement.
CDL Holders
Federal Motor Carrier Safety Administration regulations require DUI to remain on commercial driver records. A first DUI typically results in a 1-year CDL disqualification. A second DUI results in lifetime disqualification. Expungement does not restore CDL privileges.
Professional Licensing
Many licensing boards (medical, legal, nursing, teaching, real estate) require disclosure of all criminal history, including expunged convictions. Expungement may help with initial licensing applications, but disclosure obligations often remain.
Recent Changes (2024-2026)
Maryland (October 2024): DUI/DWI with Probation Before Judgment now expungeable after 15 years. First offense, alcohol-related only.
New York (November 2024): Clean Slate Act takes effect with automatic sealing provisions. Implementation ongoing through 2027.
Colorado (July 2025): Clean Slate Act fully effective, but DUI/DWAI specifically excluded from both automatic and petition-based sealing.
Vermont (July 2025): Major revision to sealing laws. DUI sealing available after 10 years with clean record.
Virginia (delayed to July 2026): New record sealing law excludes DUI, felony DUI, DUI manslaughter, and DUI maiming. About 90% of other misdemeanors eligible.
Frequently Asked Questions
Can you get a DUI expunged?
It depends on the state. About 28 states offer some form of DUI expungement, record sealing, or equivalent relief. The remaining states keep DUI convictions permanent. Even in states that allow expungement, most limit it to first-time offenders and impose waiting periods of 5 to 15 years.
Does a DUI go away after 10 years?
A DUI does not automatically go away. In states that allow expungement, you must petition the court after the waiting period expires. The DUI remains on your record until a court grants the expungement. In states that prohibit expungement, the DUI stays on your criminal record permanently.
Will an expunged DUI show on a background check?
After expungement, the DUI should not appear on standard employment background checks. However, it may still be visible to law enforcement, certain government agencies, and professional licensing boards. The DUI will also remain on your DMV driving record in most states.
Does expunging a DUI remove it from your driving record?
No. Criminal record expungement and DMV driving records are separate systems. Expunging a DUI from your criminal record does not remove it from your driving record. Insurance companies check driving records, so your rates may still be affected.
Can a second DUI be expunged?
Very few states allow expungement of a second or subsequent DUI. Most states that permit DUI expungement limit it to first-time offenders. Multiple DUI convictions generally cannot be cleared from your record.
How long does a DUI stay on your record in Florida?
In Florida, a DUI stays on your criminal record permanently. Florida does not allow expungement or sealing of DUI convictions. The DUI remains on your driving record for 75 years.
Updates
Corrected the Kansas DUI expungement waiting period table row: K.S.A. 21-6614(d) sets a flat 10-year wait for a second or subsequent DUI, not a 7-10 year range.
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 9 (PROBATION AND RESTORATION OF CIVIL RIGHTS)
§ 13-911Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definitionIn forcecited in 6 of our articles
A. A person may file a petition to seal all case records related to a criminal offense if the person was: 1. Convicted of a criminal offense and has completed all of the terms and conditions of the sentence that was imposed by the court, including the payment of all monetary obligations and restitution to all victims. 2. Charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at a trial. 3. Arrested for a criminal offense and no charges were filed. B. All case records that are sealed pursuant to this section may be: 1. Alleged as an element of an offense. 2. Used as a historical prior felony conviction. 3. Admissible for impeaching any party or witness in a subsequent trial. 4. Used to enhance the sentence for a subsequent felony. 5. Used to enhance the sentence pursuant to sections 28-1381 and 28-1382. 6. Pleaded and proved in any subsequent prosecution of the person by this state or a political subdivision of this state. 7. Used as a conviction if the conviction would be admissible if the conviction was not sealed. C. The person shall file a petition to seal all case records in one of the following: 1.
Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at azleg.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Case law on A.R.S. 13-911 is thin, because the pre-1978 section with that number was Arizona's concealed-weapons statute. Wake v. State (2026) applied the current sealing statute, holding that subsection (E) requires every nonmonetary probation condition, including community service hours, to be complete before petitioning to seal.
Opinions citing this section in our collection:
- City of Phoenix v. Jones (Court of Appeals of Arizona 1975, 25 Ariz. App. 98)“…iding Judge. Must a defendant charged with a violation of A.R.S. § 13-911, "carrying a concealed weapon" be affor…”
- State Ex Rel. Williams v. City Court of Tucson (Court of Appeals of Arizona 1974, 21 Ariz. App. 318)“…cealed weapon, to-wit a switch blade knife, in violation of A.R.S. § 13-911. When the prosecution established that…”
- Wake v. State (Court of Appeals of Arizona 2026)✓Wake was discharged from probation after doing 10 of 360 ordered community service hours, then petitioned to seal his record. The court held A.R.S. 13-911(E) requires all nonmonetary probation conditions to be complete first, so dismissing his petition was no abuse of discretion.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Expungement Laws: Set Aside, Record Sealing, and Marijuana Expungement, How Long Does a Felony Stay on Your Record? (2026), Arizona Background Check Laws (2026 Guide)
California Penal Code
§ 1203.4In forcecited in 6 of our articles
(a) (1) When a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interest of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if they are not then serving a sentence for an offense, on probation for an offense, or charged with the commission of an offense, be permitted by the court to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if they have been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Section 13555 of the Vehicle Code.
Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 440 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Courts treat section 1203.4 relief as statutory rehabilitation, not erasure. Stephens v. Toomey (1959) held a successful probationer is restored to his former status except that the record may be used in later criminal proceedings. People v. Banks (1959) held the relief is not automatic: one who never sought dismissal stayed a felon.
Opinions citing this section in our collection:
- People v. Dueñas (California Court of Appeal, 5th District 2019, 242 Cal. Rptr. 3d 268)✓An indigent homeless mother on probation for driving with a suspended license challenged $220 in court fees and a fine; the court reasoned that a probationer who cannot pay is barred from section 1203.4's absolute right to dismissal, which is no substitute for due process.
- People v. Banks (California Supreme Court 1959, 53 Cal. 2d 370)✓A man completed probation on a vehicle taking charge punishable as a felony or a misdemeanor but never applied under section 1203.4; when later prosecuted for possessing a concealable firearm, the court held that without that statutory dismissal the offense remained a felony.
- Opdyk v. California Horse Racing Board (California Court of Appeal 1995, 34 Cal. App. 4th 1826)✓A professional gambler whose misdemeanor bookmaking conviction was expunged under section 1203.4 was excluded from California racetracks; the court held the statute frees a person only from certain penalties and disabilities and does not obliterate the fact of the conviction.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Expungement Laws: Dismissal and Record Relief, How to Check if Your Record Has Been Expunged, California DUI Laws: Penalties, BAC Limit & License (2026)
Kansas Statutes Annotated, Chapter 21: CRIMES AND PUNISHMENTS
§ 21-6614Expungement of certain convictions, arrest records and diversion agreements; procedure; restoration of person's right to keep and bear arms.In forcecited in 6 of our articles
(a) (1) Except as provided in subsections (b), (c), (d), (e) and (f), any person convicted in this state of a traffic infraction, cigarette or tobacco infraction, misdemeanor or a class D or E felony, or for crimes committed on or after July 1, 1993, any nongrid felony or felony ranked in severity levels 6 through 10 of the nondrug grid, or for crimes committed on or after July 1, 1993, but prior to July 1, 2012, any felony ranked in severity level 4 of the drug grid, or for crimes committed on or after July 1, 2012, any felony ranked in severity level 5 of the drug grid may petition the convicting court for the expungement of such conviction or related arrest records if three or more years have elapsed since the person: (A) Satisfied the sentence imposed; or (B) was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence.
Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Neil (2015) found no language making 21-6614 retroactive, so a court must apply the expungement statute in force when the offense was committed, and remanded on that basis. State v. Wente (2026) read subsection (h) to make a petitioner with a pending felony case ineligible for expungement.
Opinions citing this section in our collection:
- State v. Hall (Court of Appeals of Kansas 2025, 564 P.3d 786)“…oned for such crime. The provisions of subsection (j)(2) of K.S.A. 21-6614, and amendments thereto, shall not appl…”
- State v. Wente (Court of Appeals of Kansas 2026)✓Wente argued his probation-revocation appeal was not moot because winning would let him seek expungement sooner; applying K.S.A. 21-6614's eligibility conditions, the court found a pending felony case made him ineligible anyway and dismissed the appeal.
- State v. Tallie (Court of Appeals of Kansas 2025)✓The State said Tallie's completed sentence made his probation appeal moot; because K.S.A. 21-6614 allows a petition three years after the sentence is satisfied, the court found a ruling on his extended probation could advance expungement, so the appeal was not moot.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kansas Background Check Laws (2026 Guide), Kansas Expungement Laws: K.S.A. 21-6614 Eligibility, Waiting Periods, and Filing Steps, Expungement Laws by State: How to Clear Your Record (2026)
Michigan Compiled Laws
§ 780.621Application for order setting aside conviction; felony or misdemeanor conviction; setting aside of certain convictions prohibited; victim of human trafficking violation; definitionsIn forcecited in 8 of our articles
(1) Except as otherwise provided in this act, a person who is convicted of 1 or more criminal offenses may file an application with the convicting court for the entry of an order setting aside 1 or more convictions as follows: (a) Except as provided in subdivisions (b) and (c), a person convicted of 1 or more criminal offenses, but not more than a total of 3 felony offenses, in this state, may apply to have all of the applicant's convictions from this state set aside. (b) An applicant may not have more than a total of 2 convictions for an assaultive crime set aside under this act during the applicant's lifetime. (c) An applicant may not have more than 1 felony conviction for the same offense set aside under this section if the offense is punishable by more than 10 years imprisonment. (d) A person who is convicted of a violation or an attempted violation of section 520e of the Michigan penal code, 1931 PA 328, MCL 750.520e, before January 12, 2015 may petition the convicting court to set aside the conviction if the individual has not been convicted of another offense other than not more than 2 minor offenses.
Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 57 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):People v. Droog (2009) held the Vehicle Code bar on expunging reportable violations does not limit a court's authority to set aside a conviction under MCL 780.621. People v. Van Heck (2002) applied 780.621 eligibility to hold that a pardoned out-of-state conviction does not count against the applicant.
Opinions citing this section in our collection:
- People v. Droog (Michigan Court of Appeals 2009, 282 Mich. App. 68)✓A woman convicted of obtaining a controlled substance by fraud was refused a set aside because the Vehicle Code bars expunging violations reportable to the Secretary of State; the court held that bar does not limit MCL 780.621 and remanded for an order setting it aside.
- People v. Link (Michigan Court of Appeals 1997, 225 Mich. App. 211)✓A man convicted in 1989 of third degree criminal sexual conduct applied in 1994 to set that conviction aside; the court held the 1997 amendment excluding such convictions is remedial and applies retroactively, since setting aside a conviction is a privilege and not a right.
- People v. Van Heck (Michigan Court of Appeals 2002, 252 Mich. App. 207)✓A man with five absolutely pardoned Connecticut misdemeanors was told his 1979 Michigan felonious assault conviction could not be set aside because he had more than one offense; the court held the pardon left him innocent as a matter of law, so MCL 780.621(1) still covered him.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Michigan Background Check Laws (2026 Guide), Michigan Sexting Laws: Legal Consequences and Penalties, Michigan Expungement Laws: How Conviction Set-Aside Works Under MCL 780.621
Nevada Revised Statutes, Chapter 179: SPECIAL PROCEEDINGS OF A CRIMINAL NATURE; SEALING RECORDS OF CRIMINAL PROCEEDINGS; REWARDS; FORMS
§ 179.245Sealing records after conviction: Persons eligible; petition; notice; hearing; order; waiver of fees for certain victims of sex trafficking.In forcecited in 6 of our articles
1. Except as otherwise provided in subsection 6 and NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 201.354 and 453.3365, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of: (a) A category A felony, a crime of violence or residential burglary pursuant to NRS 205.060 after 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later; (b) Except as otherwise provided in paragraphs (a) and (e), a category B, C or D felony after 5 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later; (c) A category E felony after 2 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later; (d) Except as otherwise provided in paragraph (e), any gross misdemeanor after 2 years from the date of release from actual custody or discharge from probation, whichever occurs later; (e) A violation of NRS 422.540 to 422.570, inclusive, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 17 court opinions in our collectionLatest citing opinion in our collection: 2024
In the courts (editorial summary, independently checked):Sang Man Shin v. State (2009) upheld the NRS 179.245 bar on sealing sexual-offense records and held a pardon carries no right to expunction. State v. Cavaricci (1992) found no discretion to seal where later arrests broke the clean-record condition, but Tiffee (2021) held an eligible petitioner gets a presumption favoring sealing.
Opinions citing this section in our collection:
- State v. Cavaricci (Nevada Supreme Court 1992, 108 Nev. 411)✓Cavaricci won sealing of three 1984 convictions and later arrests, though his record showed at least seven incidents since 1984, including DUIs and battery with a deadly weapon. The court held those were not minor traffic violations, so NRS 179.245(3) gave no discretion to seal.
- Baliotis v. Clark County (Nevada Supreme Court 1986, 102 Nev. 568)✓A former felon whose records were sealed under NRS 179.245 refused to hand police the sealing orders in a private detective license check. The court held the statute lets him disavow the sealed events but cannot force licensing bodies to disregard what they know independently.
- Sang Man Shin v. State (Nevada Supreme Court 2009, 125 Nev. 100)✓Shin, pardoned years after pleading guilty to attempted lewdness with a minor, had his record sealed and then unsealed. The court held NRS 179.245(5)'s bar on sealing sexual offense records does not impinge on the pardons power, because expunction is not a civil right.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nevada Expungement Laws: How to Seal Your Criminal Record (2025 Guide), Nevada Background Check Laws (2026 Guide), Nevada DUI Laws: Penalties, BAC Limit & License (2026)
Oregon Revised Statutes, Chapter 137: Judgment and Execution; Parole and Probation by the Court
§ 137.225Order setting aside conviction, contempt finding or record of criminal charge; fees; prerequisites; limitationsIn forcecited in 6 of our articles
137.225 Order setting aside conviction, contempt finding or record of criminal charge; fees; prerequisites; limitations. (1)(a) At any time after the person becomes eligible as described in paragraph (b) of this subsection, any person convicted of an offense, or found in contempt of court, who has fully complied with and performed the sentence of the court for the offense or contempt finding, and whose conviction or finding is described in subsection (5) of this section, by motion may apply to the court where the conviction or finding was entered for entry of an order setting aside the conviction or finding. A person who is still under supervision as part of the sentence for the offense that is the subject of the motion has not fully complied with or performed the sentence of th
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Also relied on in: Oregon Expungement Laws: How to Set Aside a Conviction Under ORS 137.225, Oregon Background Check Laws (2026 Guide), Oregon Court Records: OJCIN, the Free Alternative, and Setting Aside a Conviction
Texas Government Code
§ 411.0736PROCEDURE FOR CONVICTION; CERTAIN DRIVING WHILE INTOXICATED CONVICTIONSIn force
(a) This section applies only to a person who: (1) is convicted of an offense under Section 49.04, Penal Code, other than an offense punishable under Subsection (d) of that section; and (2) is not eligible for an order of nondisclosure of criminal history record information under Section 411.0731. (b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) who completes the person's sentence, including any term of confinement imposed and payment of all fines, costs, and restitution imposed, may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section if the person: (1) satisfies the requirements of this section and Section 411.074; and (2) has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only. (c) A petition for an order of nondisclosure of criminal history record information filed under this section must include evidence that the person is entitled to file the petition.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Vermont Statutes Annotated, Title 13: Crimes and Criminal Procedure, Chapter 230: Expungement and Sealing of Criminal History Records
§ 7602Expungement and sealing of record, postconviction; procedureIn forcecited in 2 of our articles
(a) Petition. (1) A person may file a petition with the court requesting expungement of a criminal history record related to a conviction if the person was convicted of an offense for which the underlying conduct is no longer prohibited by law or designated as a criminal offense. (2) A person may file a petition with the court requesting sealing of a criminal history record related to a conviction if the person was convicted of a qualifying crime or qualifying crimes arising out of the same incident or occurrence. (3) Whichever office prosecuted the offense resulting in the conviction, the State’s Attorney or Attorney General, shall be the respondent in the matter unless the prosecuting office authorizes the other to act as the respondent. (4) The court shall grant the petition without hearing if the petitioner and the respondent stipulate to the granting of the petition. The respondent shall file the stipulation with the court, and the court shall issue the petitioner an order of sealing and provide notice of the order to all Vermont State entities provided by the petitioner and all entities required to receive notice pursuant to subsection 7607(a) of this title.
Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Clayton Turner (2021) read the decriminalized-conduct ground of 13 V.S.A. 7602, then numbered (a)(1)(B) and now (a)(1), conjunctively: the petitioner must show the conduct is both no longer prohibited by law and no longer a criminal offense. State v. Jeffrey Rivard (2025) applied that burden to affirm a denial.
Opinions citing this section in our collection:
- State v. Clayton Turner (Supreme Court of Vermont 2021, 254 A.3d 204)✓Turner sought expungement of two absconding-from-furlough convictions after the Legislature briefly decriminalized that conduct; the court read 13 V.S.A. § 7602(a)(1)(B) conjunctively and held expungement was unavailable because absconding stayed prohibited by law.
- op21-179.pdf (Supreme Court of Vermont 2022, 2022 VT 40)✓A petitioner sought expungement of convictions for offenses committed at seventeen, arguing juvenile law made that conduct noncriminal; applying Turner, the court held delinquent acts stay prohibited by law, so 13 V.S.A. § 7602(a)(1)(B) did not reach the convictions.
- Rivard v. Windham County States Attorney (Vermont Superior Court 2026)“…10 And, in limited circumstances, expunging such records. 13 V.S.A. § 7602(a)(1). Before July 1, 2025, expungemen…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Vermont Expungement Laws: Sealing and Clearing Your Criminal Record (2026)
Explore the law
The laws cited above reference these related sections in their own text:
- Michigan Compiled Laws § 257.625 — Operating motor vehicle while intoxicated; "operating while intoxicated" defined; operating motor vehicle when visibly impaired; penalties for causing death or serious impairment of a body function; operation of motor vehicle by person less than 21 years of age; "any bodily alcohol content" defined; requirements; controlled substance; costs; enhanced sentence; guilty plea or nolo contendere; establishment of prior conviction; special verdict; public record; burden of proving religious service or ceremony; ignition interlock device; definitions; prior conviction; violations arising out of same transaction view in our statute record · read at the official source
- Michigan Compiled Laws § 750.136b — Definitions; child abuse; degrees; penalties; exception; affirmative defense; enhanced sentence; "prior conviction" defined view in our statute record · read at the official source
- Michigan Compiled Laws § 750.411h — Stalking; definitions; violation as misdemeanor; penalties; probation; conditions; evidence of continued conduct as rebuttable presumption; additional penalties view in our statute record · read at the official source
- Michigan Compiled Laws § 750.448 — Soliciting, accosting, or inviting to commit prostitution or immoral act; crime view in our statute record · read at the official source
- Michigan Compiled Laws § 750.520e — Criminal sexual conduct in the fourth degree; misdemeanor view in our statute record · read at the official source
Related law for further reading — not part of this article’s citations.
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Sources and References
- California Penal Code 1203.4 - Dismissal After Probation(leginfo.legislature.ca.gov).gov
- Indiana Code 35-38-9 - Second Chance Law(iga.in.gov).gov
- Michigan MCL 780.621 - Clean Slate Legislation(legislature.mi.gov).gov
- Texas Government Code 411.0736 - Non-Disclosure for DWI(statutes.capitol.texas.gov).gov
- Arizona ARS 13-911 - Record Sealing(azleg.gov).gov
- Minnesota Chapter 609A - Expungement(revisor.mn.gov).gov