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.
| State | Relief Type | Waiting Period | Key Conditions |
|---|---|---|---|
| Arizona | Set-aside + sealing | After sentence completion; ~3 yrs for sealing | ARS 13-905, ARS 13-911 |
| Arkansas | Record sealing | 10 years | Court must grant unless state shows clear and convincing evidence against |
| California | Dismissal (PC 1203.4) | After probation completion | Penal Code 1203.4; does not seal record |
| 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 |
| 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 |
| 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 |
| Montana | Expungement | 5 years | Misdemeanor only; court has discretion |
| Nevada | Record sealing | 7 years (misdemeanor) | NRS 179.245; felony DUI can never be sealed |
| New Hampshire | Annulment | 10 years | From date of conviction |
| North Dakota | Record sealing | 7 years | N.D.C.C. 39-08-01.6; CDL holders ineligible |
| Oklahoma | Expungement | Varies | Partial (deferred) or full expungement available |
| 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 |
| South Dakota | Expungement | 10 years | Misdemeanor only; felony DUI ineligible |
| Utah | Expungement | 10 years | Misdemeanor first offense only; Ch. 77-40 |
| Vermont | Record sealing | 10 years | 13 V.S.A. 7602(e); CDL holders ineligible |
| West Virginia | Expungement | 1-2 years | Misdemeanor only; ignition interlock completion may help |
| 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.
| State | Notes |
|---|---|
| Alaska | Permanent criminal and driving record |
| Colorado | Specifically excluded from Clean Slate Act (July 2025) |
| Connecticut | Excluded from Clean Slate automatic erasure; under review for 2026 |
| Delaware | No expungement unless juvenile conviction |
| Florida | Permanent record; driving record retention: 75 years |
| Georgia | DUI excluded from record restriction |
| Hawaii | No adult expungement; under-21 exception |
| Illinois | DUI not an expungable event |
| Iowa | OWI cannot be expunged (exception: deferred judgment) |
| Massachusetts | OUI specifically excluded from expungement and sealing |
| Mississippi | DUI cannot be expunged |
| Nebraska | No expungement; set-aside available (adds notation, does not remove) |
| New Jersey | DUI classified as traffic offense, not criminal; cannot use criminal expungement |
| New Mexico | DWI excluded from Criminal Records Expungement Act; stays on record 55 years |
| New York | No true expungement; Clean Slate Act (Nov 2024) allows auto-sealing after 3-8 years |
| North Carolina | DWI not eligible for expunction |
| Oregon | DUII never eligible for expungement under ORS 137.225 |
| 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) |
| Washington | DUI cannot be expunged |
| Wisconsin | OWI specifically excluded under 973.015 |
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 5 statutory provisions held in our own legal record, each 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) · as of 2026-08-04 · Read the full section at azleg.gov
Cited in 15 court opinionsMost recently applied by a court: 2026
Leading cases: City of Phoenix v. Jones (Court of Appeals of Arizona 1975, 25 Ariz. App. 98) · State Ex Rel. Williams v. City Court of Tucson (Court of Appeals of Arizona 1974, 21 Ariz. App. 318) · Wake v. State (Court of Appeals of Arizona 2026)
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 5 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) · as of 2026-07-28 · Read the full section at leginfo.legislature.ca.gov
Cited in 440 court opinionsMost recently applied by a court: 2026
Leading cases: People v. Dueñas (California Court of Appeal, 5th District 2019, 242 Cal. Rptr. 3d 268) · People v. Banks (California Supreme Court 1959, 53 Cal. 2d 370) · Opdyk v. California Horse Racing Board (California Court of Appeal 1995, 34 Cal. App. 4th 1826)
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 5 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) · as of 2026-07-29 · Read the full section at ksrevisor.gov
Cited in 6 court opinionsMost recently applied by a court: 2026
Leading cases: State v. Hall (Court of Appeals of Kansas 2025, 564 P.3d 786) · State v. Wente (Court of Appeals of Kansas 2026) · State v. Tallie (Court of Appeals of Kansas 2025)
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 7 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) · as of 2026-07-30 · Read the full section at legislature.mi.gov
Cited in 57 court opinionsMost recently applied by a court: 2026
Leading cases: People v. Droog (Michigan Court of Appeals 2009, 282 Mich. App. 68) · People v. Link (Michigan Court of Appeals 1997, 225 Mich. App. 211) · People v. Van Heck (Michigan Court of Appeals 2002, 252 Mich. App. 207)
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 Expungement Laws: How Conviction Set-Aside Works Under MCL 780.621, Michigan Sexting Laws: Legal Consequences and Penalties
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) · as of 2026-07-28 · Read the full section at statutes.capitol.texas.gov
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