Created by FindLaw's team of legal writers and editors | Last reviewed October 23, 2018
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If you’ve been arrested for or convicted of driving under the influence (DUI) in the United States, you may be wondering how to clear you record (often called a RAP sheet, short for “Record of Arrests and Prosecution”). It may be possible to remove the offense from your criminal history through either an expungement or record sealing.
To be clear, expungement removes the offense from your RAP sheet as if it never happened. Sealing means the court file is hidden from the general public. Many states often use the terms interchangeably, which can become quite confusing. Complicating matters is that each state has different laws surrounding expungements and record sealing. Laws are constantly changing, so be sure to check the most up-to-date statutes in your state.
Below, you will find a list of DUI expungement laws by state.
Expungement Available? |
Felony/Misdemeanor |
Non-Conviction Records Sealing? |
Code Section |
|
AL |
Only for juvenile offenses, may petition to have records destroyed five years after age of majority. |
N/A |
Yes, non-violent felonies and misdemeanors, including cases where charges dismissed. |
Non-conviction Records Sealing: Ala. Code § 41-9-625 (Pertains to deleting arrest records from rap sheets within 30 days of release from custody upon petition) |
AK |
No, the court can only suspend imposition of sentence and “set aside” conviction after successful completion of probation. Alaska Stat. § 12.55.085 |
Both |
Sealing available for non-conviction records only in the case of mistaken identity or false accusation if proven beyond reasonable doubt |
|
AZ |
Yes, the court can “set aside” and discharge your conviction |
Both |
Non-conviction records may not be sealed or expunged but may be amended to note person cleared of any arrests or indictments. |
|
AR |
Yes, records can be closed and sealed for certain first-time misdemeanor DUIs if probation fully completed. Other restrictions apply. |
Both |
May be sealed if no charges are filed within one year, or case dismissed or no conviction is obtained. |
|
CA |
Yes, you may withdraw your guilty plea, or vacate your conviction, and replace it with a “dismissal of charges.” |
Both, for felony DUI, not eligible if sentenced a state prison term |
Arrested or charged but not convicted Cal. Penal § 851.8(d) |
|
CO |
Yes, expungement only for juvenile records. No expungement or record sealing for alcohol-related traffic offenses (DUI). |
N/A |
Arrested or charged but not convicted |
|
CT |
Yes, but only as an “expungement pardon” |
Expungement pardon: Three years after misdemeanor Five years after felony |
“Erasure of criminal records” charges have been dismissed, or where person has been acquitted |
|
DE |
No, DUI not eligible for discretionary expungement. Must apply for a pardon on misdemeanor only. |
Misdemeanors |
Arrested or charged but not convicted |
|
DC |
No |
N/A |
May be able to file a petition of “actual innocence” if arrested or charged but not convicted |
|
FL |
No, unless charge reduced to a “reckless driving” |
N/A |
N/A |
|
GA |
No |
N/A |
Under “record restriction” law, arrested or charged but not convicted |
|
HI |
No |
N/A |
Arrested or charged but not convicted, unless there was a bail forfeiture |
|
ID |
Yes, “withheld judgment” or “deferred entry of judgment available upon completion of probation |
Misdemeanor |
N/A |
|
IL |
No |
N/A |
Arrested or charged but not convicted |
|
IN |
Yes, misdemeanor expungement available after five years waiting period, felony after 8-10 year waiting period |
Both |
Arrested or charged but not convicted |
|
IA |
Possible, only available for drunk in public conviction, first-time DUI or deferred entry of judgment |
Both |
Arrested or charged but not convicted |
|
KS |
Yes, first-time DUI can be expunged 5 years after the diversion, sentence or probation was completed. Second or subsequent DUI is 10 years |
Both |
Arrested or charged but not convicted |
|
KY |
Yes, eligible five years after a misdemeanor conviction |
Misdemeanor |
Arrested or charged but not convicted |
|
LA |
No |
N/A |
Arrested or charged but not convicted |
|
ME |
No, only available via a pardon |
N/A |
Arrested or charged but not convicted |
|
MD |
No if you’ve received a probation before judgment (PBJ) |
N/A |
Arrested or charged but not convicted |
|
MA |
No expungement, but record sealing possible five years after misdemeanor conviction, felonies are 10 years |
Both |
Arrested or charged but not convicted |
|
MI |
No |
N/A |
Arrested or charged but not convicted |
|
MN |
Yes, must follow a waiting period |
Misdemeanor |
Arrested or charged but not convicted |
|
MS |
No |
N/A |
Arrested or charged but not convicted |
|
MO |
Yes |
Misdemeanors |
Arrested or charged but not convicted |
|
MT |
Yes, only if case dismissed after deferred entry of judgment |
Misdemeanor |
Arrested or charged but not convicted |
|
NE |
No |
N/A |
Arrested or charged but not convicted |
|
NV |
Yes, with specific time restrictions |
Both |
Arrested or charged but not convicted |
|
NH |
Yes, known as an “annulment” available 10 years after conviction |
Both |
Arrested or charged but not convicted |
|
NJ |
No, DUIs are traffic offenses in New Jersey and not eligible |
N/A |
Arrested or charged but not convicted |
|
NM |
No |
N/A |
Arrested or charged but not convicted in very limited circumstances |
|
NY |
No |
N/A |
Arrested or charged but not convicted |
|
NC |
Yes, “expunction” 15-year waiting period |
Misdemeanor |
Arrested or charged but not convicted |
|
ND |
No |
N/A |
Only if arrest was unlawful in violation of constitutional rights and no subsequent convictions |
|
OH |
No |
N/A |
Arrested or charged but not convicted |
|
OK |
Yes, limited circumstances |
Both |
Arrested or charged but not convicted |
|
OR |
Not for DUI or DUII |
N/A |
Arrested or charged but not convicted |
|
PA |
Yes, if gone through Accelerative Rehabilitative Disposition (ADR) program |
Misdemeanors |
Arrested or charged but not convicted |
|
RI |
Yes |
Misdemeanors after five years, felonies after 10 years |
Arrested or charged but not convicted |
|
SC |
No |
N/A |
Arrested or charged but not convicted |
|
SD |
Yes |
Misdemeanor after 10 years |
Arrested or charged but not convicted |
|
TN |
No |
N/A |
Arrested or charged but not convicted |
|
TX |
No |
N/A |
Arrested or charged but not convicted, must wait set time frame |
|
UT |
Yes, must follow waiting period |
Misdemeanor, Felony DUI only if pardoned |
Arrested or charged but not convicted, must wait set time frame |
|
VT |
No |
N/A |
Arrested or charged but not convicted, must wait set time frame |
|
VA |
No, only if granted a complete pardon |
N/A |
Arrested or charged but not convicted, must wait set time frame |
|
WA |
No |
N/A |
Arrested or charged but not convicted, must wait set time frame |
|
WV |
No |
N/A |
Arrested or charged but not convicted, must wait set time frame |
|
WI |
Yes, limited |
Misdemeanors |
Arrested or charged but not convicted, must wait set time frame |
|
WY |
Yes, if judge granted deferred entry of judgment |
Misdemeanors |
Arrested or charged but not convicted, must wait set time frame |
|
If you live in a state such as Alabama, which doesn’t authorize adult expungements, you may attempt to receive a governor’s pardon for your conviction, but that is quite rare. Special eligibility requirements apply for each state, such as successfully being released from prison and successfully paroled for a number of years. Typically, a person seeking a pardon would submit the request in writing to their state’s parole board or similar agency and wait for a decision from the governing body. Check with your specific state or an attorney to learn more.
DUI expungement laws vary from state-to-state and are often quite complicated. Contact a local DUI attorney to discuss the feasibility of a DUI expungement in your state and receive personalized legal advice on a course of action moving forward.
Contact a qualified DUI attorney to make sure your rights are protected.
Get tailored advice and ask your legal questions. Many attorneys offer free consultations.