Last Updated 12th of March, 2010
How can I clear my DUI record?
Like other kinds of crimes, you can’t really ever completely clear your DUI record; once it’s there, there’s always some entity (such as the court system or law enforcement) that can access it.
You can, however, seal your DUI record by having it expunged – if your state allows DUI or DWI expungement. Because no state takes drunk driving lightly, sealing or expunging a DUI record usually doesn’t prevent the courts or law enforcement from accessing it, but it does help you out regarding routine background checks, such as those related to employment or any application or document that asks you if you’ve ever been convicted of a felony.
Check your state in the grid below to find out whether your state’s DUI laws allow for expungement (the notes outline the conditions you must meet to expunge the record). Then, if expungement might be an option for you, consult a DUI lawyer familiar with your state’s laws to begin the process.
You can, however, seal your DUI record by having it expunged – if your state allows DUI or DWI expungement. Because no state takes drunk driving lightly, sealing or expunging a DUI record usually doesn’t prevent the courts or law enforcement from accessing it, but it does help you out regarding routine background checks, such as those related to employment or any application or document that asks you if you’ve ever been convicted of a felony.
Check your state in the grid below to find out whether your state’s DUI laws allow for expungement (the notes outline the conditions you must meet to expunge the record). Then, if expungement might be an option for you, consult a DUI lawyer familiar with your state’s laws to begin the process.
| Yes | No | ||
|---|---|---|---|
| Alabama | x | ||
| Alaska | x | ||
| Arizona | x | ||
| Arkansas | x | ||
| California | x | Complete all the conditions of your DUI sentence. | |
| Colorado | x | Only if the DUI happened before you turned 21 and you have no other convictions to be expunged. | |
| Connecticut | x | Wait 3 years if the DUI was a misdemeanor; wait 5 if it was a felony. | |
| Delaware | x | You can only expunge the DUI if an acquittal or dismissal terminated the underlying charge. | |
| Florida | x | Only an option if the DUI charge didn't involve manslaughter. | |
| Georgia | x | You must have no other pending criminal charges and no other convictions of the same or similar crime in the last 5 years. | |
| Hawaii | x | ||
| Idaho | x | ||
| Illinois | x | ||
| Indiana | x | Only if your case was reversed or dismissed. | |
| Iowa | x | ||
| Kansas | x | ||
| Kentucky | x | ||
| Louisiana | x | ||
| Maine | x | ||
| Maryland | x | Only if your case was dismissed or a judge or jury acquitted you. | |
| Massachusetts | x | ||
| Michigan | x | The court decides on a case-by-case basis. | |
| Minnesota | x | ||
| Mississippi | x | ||
| Missouri | x | Only if it was your first DUI. | |
| Montana | x | ||
| Nebraska | x | ||
| Nevada | x | Only if the DUI wasn't a felony. | |
| New Hampshire | x | After 10 years. | |
| New Jersey | x | All expungements are considered as misdemeanors. | |
| New Mexico | x | ||
| New York | x | ||
| North Carolina | x | If you're found not guilty or have a criminal charge dismissed. | |
| North Dakota | x | ||
| Ohio | x | ||
| Oklahoma | x | ||
| Oregon | x | Furthermore, DUI and OVI convictions prevent all other convictions from being expunged. | |
| Pennsylvania | x | As long as your license wasn't revoked for being a habitual offender and you weren't a commercial driver at the time, PennDOT will automatically expunge your record after 10 years. | |
| Rhode Island | x | ||
| South Carolina | x | ||
| South Dakota | x | Varies by county. | |
| Tennessee | x | ||
| Texas | x | ||
| Utah | x | After 10 years, as long as the conviction wasn't a felony. | |
| Vermont | x | ||
| Virginia | x | Only if the charges were dropped, you were acquitted, or you received an absolute pardon. | |
| Washington | x | ||
| West Virginia | x | ||
| Wisconsin | x | ||
| Wyoming | x | ||
| Washington DC | x |
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