DUI Expungement: How To Get a DUI Off Your Record

A criminal record can greatly impact your personal and professional lives. It can prevent you from getting certain jobs or educational opportunities. Future employers will likely see that you had a conviction when they conduct a background check.

For some criminal charges, you can request that the courts expunge the record so potential employers and others cannot see certain convictions in your criminal history. However, some states don’t allow you to expunge convictions for specific criminal offenses. One of these is driving under the influence of alcohol or drugs (DUI).

If you’re facing DUI charges or already have a drunk driving conviction on your record, contact a local criminal defense attorney for help. They will review your criminal case and help determine whether expungement is an option.

In this article, we’ll explain how expungement works. We will also discuss whether you can have a DUI/DWI charge expunged from your criminal record. See more below:

• Impact of Having a DUI on Your Criminal Record
• What Is Expungement?
• Can I Expunge A DUI Conviction?
• How To Get a DUI on Your Criminal Record Expunged
• How Expungement Affects a DUI Conviction
• Will Expungement Impact My Driver’s License Suspension?

Impact of Having a DUI on Your Criminal Record

Even though most first-time DUI charges are misdemeanors and not felonies, a DUI conviction can impact your life in various ways.

For example, if you apply for a job that involves driving, the hiring manager might decide not to hire you after finding a DUI on your background check. Some companies even have hiring policies that prevent them from hiring candidates with an arrest record for DUI.

A DUI conviction can also impact your educational opportunities. Many schools ask prospective master’s and doctoral candidates if they have any criminal convictions on their record.

For example, you must disclose this information if you apply to law school. You will also have to explain the situation to the admissions committee and issue a personal statement explaining why the committee should overlook the DUI conviction and accept your application.

An expungement is one of the only ways to get a DUI off your record.

What Is Expungement?

Expungement is a process where the courts remove arrest records and other information related to a criminal conviction from someone’s criminal history. It’s different from having your record sealed.

In general, expungement fully clears the criminal conviction from both private and public records, as if it never happened. A sealed record prevents the general public from seeing the conviction, but government agencies can still find it. And it can be unsealed.

However, the practical effects of expungement vary by jurisdiction. Some states use the term “expungement” for record-sealing processes. Even expunged records may still be accessible in certain circumstances. To learn what the options are in your specific case, it’s best to talk to a criminal defense attorney.

Not all criminal convictions can be expunged. For example, serious crimes like domestic violence, rape, and other violent felony convictions are often not eligible for expungement.

Can I Expunge A DUI Conviction?

The ability to expunge a DUI arrest or conviction varies by state. It is often limited to misdemeanors. Check your state laws to see whether expungement may be possible for your type of conviction. 

States That Only Expunge Misdemeanor DUIs

If someone has a felony DUI, the court will generally not expunge it. This is the case in the following states:

• Idaho
• Kentucky
• Minnesota
• Missouri
• Montana
• North Carolina
• Pennsylvania (unless the defendant completes a special program (ARD) or meets limited, age-related requirements)
• South Dakota
• Wisconsin
• Wyoming (expungement may be possible after 10 years from the completion of all terms of the sentence and under strict circumstances)

States That Expunge Felony DUIs

Some states allow people to expunge both felony and misdemeanor DUIs. These states include:

• Arizona (not traditional expungement but instead offers “set aside,” which vacates the judgment and can relieve penalties, and the conviction remains visible on records)
• Arkansas (usually only if it is reduced to a lower charge)
• California
• Connecticut
• Indiana (unless the DUI was violent or resulted in death)
• Iowa (if the charges were dismissed or the individual was found not guilty)
• Kansas (allows first-time DUI offenses to be expunged after five years, and second offenses after ten years, but felony DUI expungement remains highly restricted)
• Nevada (can be sealed but not fully expunged after seven years for first or second offenses, and felony offenses may face longer waiting periods and stricter eligibility)
• New Hampshire
• Oklahoma
• Rhode Island (for first-time offenders under strict conditions)
• Utah

In some of these states, individuals requesting an expungement of a DUI arrest must meet special eligibility requirements. These states often have a mandatory waiting period as well.

States That Don’t Expunge DUIs

A handful of jurisdictions don’t allow expungement of any DUI convictions. This is the case in Illinois, Louisiana, and Nebraska. However, sealing the record may still be an option.

How To Get a DUI on Your Criminal Record Expunged

You’ll need to complete a few steps during the expungement process. If you are eligible to expunge your DUI conviction, you’ll need to appear in court. 

Complete Your DUI Sentence

Your criminal case must be fully resolved before you apply for expungement, including:

• Paying any fines
• Finishing probation
• Completing any court-ordered terms, such as rehab or community service

Many states also require a waiting period between the resolution of your criminal case and expungement, which varies by state but is usually several years.

File a Court Petition

To secure an expungement, you must file a petition with the court that handled your criminal case. There is also usually a filing fee. A judge will review your petition and determine whether you’re eligible for expungement.

Attend a Hearing

In most cases, you’ll have a hearing with the judge. A lawyer from the district attorney’s office will be there to represent the state. They can either support or oppose the expungement.

You don’t have to have a lawyer with you at this hearing, but it can be helpful. A criminal defense attorney will know how to best argue your case to the judge and can help ensure all of your paperwork is in order.

If the judge approves the request, they will issue a court order advising the state criminal records division to remove the relevant conviction from the public records.

Some background checks (particularly for sensitive positions) may still reveal expunged records. For example, government and law enforcement background checks may still reveal your conviction.

How Expungement Affects a DUI Conviction

In states that allow you to have a DUI removed from your criminal record, an expungement effectively hides a DUI or driving while intoxicated (DWI) arrest or conviction from the public.

But this doesn’t mean that the DUI records disappear altogether.

Prospective employers, educational institutions, credit issuers, or other entities conducting background checks cannot see the expunged offenses. However, prosecutors can still use an expunged DUI offense as proof of a prior conviction if you are charged with another offense.

In some legal proceedings, the court can still consider an expunged conviction “under seal” as proof of a prior conviction. Examples of this include:

• During sentencing for crimes the individual commits after an expungement
• In immigration/deportation proceedings

If the courts expunge a first-time DUI conviction and law enforcement arrests the individual for a subsequent DUI/DWI, the prosecutor can introduce evidence of the prior DUI in court. This allows the judge or jury to see that the current crime is not technically a first-time DUI. The judge will also consider the expunged offense during sentencing.

Will Expungement Impact My Driver’s License Suspension?

If you’re found guilty of DUI/DWI, you’ll likely face a court-ordered suspension of your driver’s license. You can also face an administrative suspension if you refuse to submit to a breathalyzer test to measure your blood alcohol content (BAC). In most cases, the state DMV will immediately suspend your driver’s license after a DUI arrest, separate from any license penalties that come with a conviction.

If the courts approve an expungement of your DUI conviction, it will not impact your driver’s license suspension. Nor will it affect your driving record. The Department of Motor Vehicles (DMV) handles all license suspensions and revocations. They will not lift a suspension simply because you had your DUI expunged.

But, in most DUI cases, this shouldn’t be an issue. Any driver’s license suspension will likely be over by the time you’re eligible for expungement.

Get Legal Advice for DUI Expungement

If you have a DUI conviction and want to expunge the records, talk to a local DUI lawyer or criminal defense attorney who specializes in drunk driving or DUI cases. They can give you the legal advice you need and provide legal counsel during the expungement process.

Even if expungement is not an option in your case, there are other legal avenues to pursue, such as:

• Record sealing
• Certificates of rehabilitation
• Pardons

A defense attorney can walk you through your options and help you put a DUI conviction in the rearview mirror.