DUI Expungement Laws by State
Driving under the influence of alcohol or drugs is dangerous. It’s also a crime that states take very seriously. Having a criminal conviction for driving under the influence (DUI) will impact your life for years. In addition to paying thousands of dollars in fines and fees, you face driver’s license suspension, ignition interlock device requirements, substance abuse treatment, and possibly jail time. Your insurance rates will increase exponentially for years.
A DUI conviction will impact you in unexpected ways. A DUI arrest and conviction will remain on your criminal record for many years. As a public record, potential employers can view it during a background check and prevent your hiring. A criminal conviction can make obtaining a professional license difficult and time-consuming. It may impact your ability to gain housing.
After an arrest or conviction for driving under the influence (DUI), you may consider having your records expunged or sealed. An expungement removes an offense from your criminal record as if it never happened. Sealing a DUI record means the court file becomes hidden from the general public.
State law surrounding expungements and record sealing can vary. Often, there are options if your DUI charge is a misdemeanor and a first offense. A felony DUI is far more serious and may remain on your public record. Some states forbid drugged or drunk driving conviction expungements, especially for adults. Even an expunged or sealed DUI conviction will still count as a prior offense should you face arrest again.
The following is a breakdown of state DUI expungement and criminal record sealing laws.
State DUI Expungement Laws
Adult Expungement Available? |
Juvenile Expungement Available? | Felony or Misdemeanor |
Nonconviction Records Sealing? |
Code Section |
|
|---|---|---|---|---|---|
Not available |
Yes, may petition five years after reaching 18 | N/A |
Arrested or charged but not convicted, records can be expunged |
Ala. Code § 15-27-1 |
|
No |
Records are sealed automatically when you reach 18 unless tried as an adult | N/A |
Sealing available if
|
Alaska Stat. § 12.62.180(b) | |
No, but you may have convictions "set aside" or records sealed |
Not available | Both |
Arrested or charged but not convicted, records can be sealed |
Ariz. Rev. Stat. Ann. § 13-905, | |
Yes, records for a first-time misdemeanor DUI can be sealed after probation is completed. Other restrictions apply. |
Available | Both, if no injury was caused |
Arrested or charged but not convicted, records can be sealed |
Ark Code Ann. § 16-90-1401 et seq | |
Yes, once all sentence requirements are met |
Available | Both |
|
Cal. Penal §§ 17(b), 1203.4 | |
Not available |
Not available | N/A |
Arrested or charged but not convicted, records can be sealed | Colorado Revised Statutes § 24-72-308 | |
Yes, as an expungement pardon |
Yes, if not convicted of a felony | Three years after a misdemeanor Five years after felony |
Erasure of records if:
|
Conn. Gen. Stat. § 4-142a | |
No, but may apply for a pardon on a misdemeanor |
Not available | Misdemeanors may be eligible for a pardon |
Records may be expunged if:
|
11 Delaware Code § 4371 et seq. | |
Not available |
Not available | N/A |
May file a petition of "actual innocence" if not convicted or the charge dismissed Must meet certain requirements |
D.C. Code § 16-801 et seq | |
Not available |
May automatically be sealed after 21 | N/A |
N/A |
Fla. Stat. Ann. §§ 943.0585, 943.059 | |
Not available |
Not available | N/A |
May restrict public access if no conviction results |
Ga. Code Ann. § 35-3-37 | |
Not available |
Certain DUI charges may be expunged | N/A |
Arrested or charged but not convicted, records can be expunged |
Hawaii Revised Statutes § 831.3.2 | |
No, but may ask the court for a "withheld judgment" or apply for dismissal upon completion of probation |
Available for misdemeanor charge only | Both. Only available once. |
Expungement available if:
|
Idaho Code 19-2604 | |
Illinois |
Not available |
Sealing may be available if under 18 | N/A |
Arrested or charged but not convicted, records can be sealed |
20 Ill. Comp. Stat. Ann. 2630/5.2(b) |
Yes |
Available | Misdemeanor expungement available after five-year waiting period. Felony after eight-year waiting period or three years from completion of sentence, so long as no injury or death occurred |
Arrested or charged but not convicted, records can be sealed |
Ind. Code § 35-38-9-6 | |
Not available |
Not available | N/A |
Arrested or charged but not convicted, records can be expunged |
Iowa Code §§ 901C, 907.3, 907.9 | |
Yes, first-time DUI can be expunged five years after sentence completed |
Can apply once 23 years old or two years after sentence is completed | Both |
Arrested or charged but not convicted, records can be expunged |
Kan. Stat. Ann. § 21-6614 | |
Yes, eligible 10 years after a misdemeanor conviction |
Available | Misdemeanor |
Arrested or charged but not convicted, records can be expunged |
KRS 431.078 | |
Yes |
Available | Misdemeanor |
Arrested or charged but not convicted, records can be expunged |
Louisiana Code of Crim Pro, Art. 977 | |
No, but may apply for a pardon |
Can be sealed under limited circumstances | N/A |
Arrested or charged but not convicted records made confidential |
15 M.R.S. § 3308-C (Juvenile Records) | |
Maryland |
Not available |
Not available | N/A |
Expungement available if:
|
Maryland Code, Crim Pro § 10-105 |
Not available |
May request records sealed | N/A |
Sealing of records available |
MA Gen Laws Ch 276 §§ 100A, 100B, 100C | |
Firt offense OWI may be expunged under certain circumstances |
May request records sealed | Misdemeanor, after five year waiting period |
Arrested or charged but not convicted may be sealed |
Michigan Comp Laws § 780.621c | |
Yes, must follow a waiting period |
Available | Misdemeanor |
Arrested or charged but not convicted may be expunged |
MN Statutes §609A.02 | |
Yes, first offense only with BAC below 0.16% and did not refuse chemical tests |
Available | Misdemeanor |
Arrested or charged but not convicted may be expunged |
Miss. Code Ann. § 99-19-71 | |
Yes, first offense only after 10 year waiting period with no further offenses |
Available after reaching 21 or two years after completion of sentence | Misdemeanor |
Expungement available when:
|
Missouri Rev Stat | |
Yes, but only once |
Available | Misdemeanor |
Expungement available when:
|
MT Code Ann. | |
No, pardon or set aside only |
Records are automatically sealed at age 18 | Misdemeanor |
Sealing available when:
|
Nebraska Revised Statutes §§ 29-2264, 29-3523 | |
No, but records may be sealed after seven years |
Records are automatically sealed at age 21 if three years have passed since the sentence was completed | Misdemeanors |
Arrested or charged but not convicted may be sealed immediately |
Nevada Revised Statutes §§ 179.245, 179.285 | |
Yes, known as an "annulment," available 10 years after conviction |
Available | Both |
Arrested or charged but not convicted can be removed |
N.H. Rev. Stat. Ann. § 651-C:5 | |
New Jersey |
Not available |
Not available | N/A |
Immediate expungement if
|
N.J. Statutes § 2C:52-28 |
New Mexico |
Not available |
Not available | N/A |
Arrested or charged but not convicted in very limited circumstances |
New Mexico Statutes § 29-3A-5 |
New York |
Not available |
Automatically | N/A |
Records are automatically sealed if
|
New York Criminal Procedure Law § 160.59 |
Not available |
Not available | N/A |
Expungement available if
|
North Carolina General Statutes §§ 15A-145, 15A-146 | |
May be sealed once in seven years |
Automatically expunged after 10 years or once reaches 18, whichever is longer | Misdemeanor |
Arrested or charged but not convicted may be sealed |
N.D. Cent. Code § 39-08-01.6 | |
Ohio |
Not available |
Not available | N/A |
Dismissed charges can be removed |
Ohio Revised Code 2953.32 |
Yes, limited circumstances |
Available under limited circumstances | Both |
Arrested or charged but not convicted may be sealed |
Title 22 Oklahoma Statutes § 18 | |
Not available |
May apply for a set aside or expungement with certain requirements | N/A |
Arrested or charged but not convicted may be sealed |
Oregon Revised Statutes § 137.225 | |
Yes, if:
|
Available | Misdemeanors |
Arrested or charged but not convicted may be sealed |
234 Pa. Code Rule 320 | |
Yes, first offenses only |
Records are confidential, but sealing is available | Misdemeanors after five years, felonies after 10 years |
Expungement available when:
|
Rhode Island Statutes §§ 12-1.3-1 to 12-1.3-4 | |
South Carolina |
Not available, but may apply for a pardon |
Not available | N/A |
Expungement available when:
|
S.C. Code Ann. § 17-22-910 |
Yes, 10 years after completion of sentence, or reach 75 years of age, or after death |
Available | Misdemeanor, after 10 years |
Expungement available if
|
South Dakota Statutes § 23-6-8.1 | |
Tennessee |
Not available |
Not available | N/A |
Expungement available if
|
Tenn. Code Ann. §§ 40-32-101, |
May file for nondisclosure for first-time DWI with BAC under 0.15% after a waiting period |
Available under certain circumstances | Misdemeanor, under certain conditions |
Expungement is available after a set time frame when:
|
Texas Government Code § 411.0726 | |
Yes, 10 years after completion of sentence |
Available | Misdemeanor |
Expungement available if
|
Utah Code § 77-40a-303 | |
Yes, first offense only, 10 years after completion of sentence |
Sealing available for DUI committed under age 25 | Misdemeanor |
Arrest can be sealing if charges dismissed without prejudice or if no probable cause found at arraignment Expungement available if charges dismissed with prejudice or if aquitted. |
13 V.S.A. § 7601 et seq. ; 33 V.S.A. § 5119 | |
Virginia |
No, only if granted a complete pardon |
Automatic expungement after five years and reach age 19 | N/A |
Expungement is available when:
|
Virginia Statutes § 19.2-392.2; |
Washington |
Not available |
May apply to seal records | N/A |
Expungement is available when:
|
Washington Statutes § 9.96.060 |
West Virginia |
Not available |
Available under limited circumstances | N/A |
Expungement available if
|
W. Va. Code §§ 49-5-103, 61-11-25, 61-11-26 |
Yes, if
|
Available | Misdemeanors |
Expungement is available when:
|
Wisconsin Statutes § 973.015 | |
Available five years after completion of sentence |
Available | Misdemeanors |
Expungement is available when:
|
Wyoming Statutes §§ 7-13-1501, 14-6-241 |
Expungement Process Overview
After an arrest or conviction, you must wait a period of time before you apply for expungement. The length of time will depend on your charge and conviction. You will need to complete your sentence as ordered by the court successfully. You may not be eligible if you have prior convictions or an expungement.
You or your criminal defense attorney will file a petition for expungement in the jurisdiction of your charge. Often, there is a hearing before a judge. At the hearing, you will explain why an expungement is warranted. The judge will consider many factors, such as additional criminal history, the circumstances of your arrest, and details about your DUI case.
If the court grants an expungement, the court order gets sent to all appropriate agencies, such as the FBI, state law enforcement, and the state department of motor vehicles.
Be patient. It takes time for an expungement to process with all these agencies. Check your criminal record periodically to see if your charges have cleared.
What if My State Doesn’t Offer DUI Expungements?
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 successful release from prison and gaining no new criminal charges 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.
Learn More About DUI Expungement Laws in Your State by Speaking to a Local Attorney
DUI expungement laws vary from state to state. The process is often quite complicated. Contact a local DUI defense attorney to discuss the possibility of getting your DUI conviction expunged in your state. A DUI defense lawyer can offer you personalized legal advice on a course of action moving forward.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex DUI situations usually require a lawyer
- DUI defense attorneys can challenge Breathalyzer/Intoxilyzer or blood test results
- A lawyer can seek to reduce or eliminate DUI penalties
- A lawyer can help get your license back
Get tailored advice and ask your legal questions. Many attorneys offer free consultations.
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