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DUI Expungement Laws by State

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.

State DUI Expungement Laws

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

  • South Carolina Statutes § 22-5-910, § 44-53-450, § 34-11-90

SD

Yes

Misdemeanor after 10 years

Arrested or charged but not convicted

TN

No

N/A

Arrested or charged but not convicted

  • Tennessee Statutes §§ 40-35-313

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

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 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.

Contact a DUI/DWI Attorney for a Free Case Evaluation

DUI expungement laws vary from state-to-state and are often quite complicated. Let an experienced attorney discuss the feasibility of a DUI expungement in your state and advise you on a course of action moving forward. A good first step in finding the right attorney is to get a free case review from a DUI/DWI lawyer in your area today.

Next Steps
Contact a qualified DUI attorney to make sure
your rights are protected.
(e.g., Chicago, IL or 60611)

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