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The article has been updated successfully but requires approval before it is published.Who is eligible to have the court expunge DUI charges?
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If you're hoping to have a court expunge DUI charges from your record, you first need to find out if your state allows this option. Each state has different rules on this matter, including who is eligible. This is an important issue since a DUI or DWI will appear on your driving record and possibly, depending on your state, remain permanently. This, in turn, could harm your hiring ability with certain employers, or hamper your ability to pass security clearances.
To help clear your record of drunk driving charges you should consider hiring a DUI lawyer. With their comprehensive grasp of DUI laws, they can help guide you through the process, which can get complicated. Especially in states with a long list of requirements (see grid below).
| Expungement Offered | Expungement Not Offered | ||
|---|---|---|---|
| Alabama | x | ||
| Alaska | x | ||
| Arizona | x | ||
| Arkansas | x | ||
| California | x | To be eligible you must complete all conditions of your DUI sentence. | |
| Colorado | x | Only available if the DUI occurred while you were under 21 and there are no other convictions to be expunged. | |
| Connecticut | x | You must wait three years for a misdemeanor or five years for a felony charge. | |
| Delaware | x | Only available if the underlying charge has been terminated via an acquittal or dismissal. | |
| Florida | x | Not allowed if you've been charged with DUI manslaughter. | |
| Georgia | x | You're only eligible if you have no other pending criminal charges and if you haven't been convicted of the same or a similar crime in the last five years. | |
| Hawaii | x | ||
| Idaho | x | ||
| Illinois | x | ||
| Indiana | x | You can only request expungement if your case has been reversed or dismissed. | |
| Iowa | x | ||
| Kansas | x | ||
| Kentucky | x | ||
| Louisiana | x | ||
| Maine | x | ||
| Maryland | x | Only allowed if your case is dismissed, or if you're acquitted by a judge or jury. | |
| Massachusetts | x | ||
| Michigan | x | Decisions are made by the court on a case by case basis. | |
| Minnesota | x | ||
| Mississippi | x | ||
| Missouri | x | Only offered to first-time DUI offenders. | |
| Montana | x | ||
| Nebraska | x | ||
| Nevada | x | Only a non-felony DUI can be expunged. | |
| New Hampshire | x | You must wait 10 years. | |
| New Jersey | x | All expungements are considered as misdemeanors. | |
| New Mexico | x | ||
| New York | x | ||
| North Carolina | x | Only eligible if you're found not guilty or have a criminal charge dismissed. | |
| North Dakota | x | ||
| Ohio | x | ||
| Oklahoma | x | ||
| Oregon | x | A DUI or OWI will prevent other convictions on your criminal record from ever being expunged. | |
| Pennsylvania | x | PennDOT will automatically expunge your records after 10 years provided your driving privileges weren't revoked due to being a habitual offender and/or you were not a commercial driver at the time of the violation. | |
| Rhode Island | x | ||
| South Carolina | x | ||
| South Dakota | x | Each county has different laws. | |
| Tennessee | x | ||
| Texas | x | ||
| Utah | x | You must wait 10 years and the DUI cannot be a felony conviction. | |
| Vermont | x | ||
| Virginia | x | Only possible if the criminal charges against you 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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