Records
Can a DUI Be Expunged? Expungement and Sealing by State
Can a DUI Be Expunged?
DUI expungement depends entirely on your state. Of the 51 jurisdictions checked (50 states and DC), 28 offer some way to expunge, seal, set aside or hide a DUI conviction, usually after a waiting period of 2 to 10 years, while 12, including Florida, Illinois, North Carolina and Ohio, bar it for a DUI conviction. Where relief exists, the driving record and future DUI sentencing often still see the old conviction (see how long a DUI stays on your record).
What DUI Expungement Means, and the Other Names for It
DUI expungement is the legal process of clearing a DUI from your criminal record, and whether you can do it depends entirely on the state where the case was handled. Each state writes its own law, uses its own name for the relief, and decides whether a DUI qualifies at all.
The words matter, because they do different things. Here is how a few state laws use them:
| Term | How one state’s law uses it |
|---|---|
| Expungement | Indiana: an expunged OWI record includes the BMV files |
| Sealing | Texas: an order of nondisclosure seals the record from public view |
| Set-aside or dismissal | California: you withdraw your plea and the case is dismissed |
| Annulment | New Hampshire: a DWI conviction can be annulled 10 years after conviction |
| Erasure by law | Connecticut: a DUI conviction is erased 10 years after the most recent conviction |
Kentucky, Utah and Wyoming also use expungement. Massachusetts, Minnesota, Nevada and New York use sealing. Arizona, Idaho, Michigan and Nebraska use a set-aside.
None of these is a do-over. In many states the old DUI still counts as a prior if you are charged again, and the driving record usually follows its own rules. The record guide explains those separate clocks.
Which States Allow DUI Expungement or Sealing?
Of the 51 jurisdictions checked (50 states and DC), 28 offer some route to clear, seal, set aside or hide a DUI conviction: Arizona, Arkansas, California, Connecticut, Idaho, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, Texas, Utah, Vermont, Wisconsin and Wyoming.
Those routes range from broad to very narrow:
- Broad: Kansas allows expungement for DUI convictions and diversions, 5 years after a first DUI and 10 years after a second or later DUI (K.S.A. 21-6614). Indiana allows expungement of misdemeanor OWI convictions 5 years after conviction.
- First offense only, once: Michigan lets you set aside one first-offense OWI conviction once in your lifetime, 5 years after sentencing, probation or jail ends (MCL 780.621c). Mississippi and Missouri also limit relief to a single first offense.
- Automatic: Pennsylvania’s clean slate law gives automatic limited access (sealing) to qualifying misdemeanors, which can include a DUI, after seven conviction-free years once restitution is paid. North Dakota seals a DUI conviction if you have no new DUI or other criminal conviction within 7 years, and Connecticut erases one 10 years after the most recent conviction.
- Very narrow: Wisconsin allows a court to expunge an OWI only if you were under 25 at the time of the offense, and the court has to order it at sentencing.
States That Bar DUI Expungement
Twelve of the 51 jurisdictions bar expungement or sealing of a DUI conviction: Colorado, Delaware, Florida, Illinois, Iowa, North Carolina, Ohio, Oregon, South Carolina, Virginia, Washington and West Virginia.
The reasons differ. Illinois courts may not seal or expunge DUI convictions or DUI court supervision (20 ILCS 2630/5.2). Florida courts may not withhold adjudication for a DUI, and sealing requires that you were not adjudicated guilty, so a DUI conviction can’t qualify (Fla. Stat. § 316.656). South Carolina’s expungement law for minor convictions does not apply to any offense involving the operation of a motor vehicle. Washington bars vacating a DUI or physical control conviction (RCW 9.96.060).
If your state is on this list, the conviction stays on your criminal record. What you can still affect is how a pending case ends.
When Only a Dismissed or Diverted Charge Can Be Cleared
Several states clear a DUI charge that did not end in a conviction, even when a conviction is barred or the law covers only non-convictions:
- Alabama: expungement for DUI charges that were dismissed, no billed, nolle prossed or ended in a not-guilty verdict, 90 days after dismissal or acquittal, or 1 year after completing a diversion program (Ala. Code § 15-27-1).
- Iowa: a dismissed or acquitted OWI case can be expunged 180 days later.
- South Dakota: an arrest record can be expunged 1 year after the arrest if no charge was filed, 1 year after a formal dismissal, or any time after an acquittal.
- Virginia: a DUI charge that ends in acquittal, nolle prosequi or dismissal can be expunged by petition (Va. Code § 19.2-392.2).
- West Virginia: a first offender who completes deferral and conditional probation can ask the court to expunge the arrest and court records, at least one year after probation ends, but not the DMV records.
- Maryland: a probation before judgment for DUI or DWI can be expunged 15 years after discharge from probation.
- Pennsylvania: records of a completed ARD program are expunged; the clerk keeps a sealed copy for 12 years, then expunges it. See Pennsylvania’s rules.
- Connecticut: a first-time defendant who completes the pretrial impaired driving intervention program has the charges dismissed and the court file sealed to the public.
This is why the way a case ends matters so much. A diversion program or a dismissal can leave you with a record you can clear, where a conviction would stay. The state table below shows each state’s rule, waiting period and limits.
Expungement or Sealing by State
| State | Expungement or sealing |
|---|---|
| DUI law in Alabama | Expungement is available for DUI charges that were dismissed with prejudice, no billed, nolle prossed, ended in a not-guilty verdict, or were dismissed after a court-approved diversion or deferred prosecution program |
| DUI law in Arizona | You can apply to have a DUI judgment set aside after completing your sentence, and you can petition to seal the case records |
| DWI law in Arkansas | A misdemeanor DWI can be sealed by uniform petition, but not until the applicable lookback periods under § 5-65-111 have elapsed |
| DUI law in California | California has no true expungement. After completing probation, a person may petition to withdraw the plea and have the case dismissed under Penal Code § 1203.4; the conviction can still be pleaded and proved as a prior in a later prosecution, and Vehicle Code § 13555 limits the effect on the driving record. |
| DUI law in Colorado | Not available: Colorado's conviction-sealing law does not apply to convictions for DUI, DUI per se or DWAI under § 42-4-1301(1) or (2) |
| DUI law in Connecticut | First-time defendants can apply for the pretrial impaired driving intervention program: the court file is sealed to the public and charges are dismissed after successful completion. A DUI conviction is erased by operation of law 10 years after the most recent conviction (offenses on or after January 1, 2000), unless you are convicted of another DUI within the following 10 years. |
| DUI law in Delaware | DUI convictions under 21 Del. C. § 4177 cannot be expunged; Delaware allows expungement of Title 21 offenses only for a short list that does not include DUI. A first offender who completes the first offenders election is discharged without a conviction, but the participation stays on the DMV record and counts as a prior offense. |
| DUI law in Florida | not available for a DUI conviction: courts may not withhold adjudication of guilt for DUI, and sealing or expunction requires that the person not have been adjudicated guilty of the offense |
| OVUII law in Hawaii | A person convicted of a first-time under-21 measurable-alcohol violation with no prior alcohol enforcement contacts may apply to the court for an expungement order |
| DUI law in Idaho | A court may set aside the guilty plea or conviction and dismiss the case for a defendant who received a withheld judgment or suspended sentence, or a misdemeanor defendant not sentenced to jail time; a felony may be reduced to a misdemeanor after discharge from probation |
| DUI law in Illinois | not available: Illinois courts may not seal or expunge DUI convictions or DUI court supervision |
| OWI law in Indiana | available: misdemeanor OWI convictions (and Level 6 felonies reduced to misdemeanors) can be expunged; unreduced Level 6 felonies too, unless the felony caused bodily injury |
| OWI law in Iowa | not available for an OWI conviction; a dismissed or acquitted OWI case can be expunged |
| DUI law in Kansas | expungement is available for DUI convictions and diversions |
| DUI law in Kentucky | misdemeanor convictions (a first, second or third DUI is not a felony) can be expunged by petition to the court of conviction |
| DWI law in Louisiana | a misdemeanor conviction (a first or second DWI) can be expunged by motion |
| DUI law in Maryland | a probation before judgment for DUI or DWI can be expunged; a probation before judgment for driving impaired by drugs or a controlled dangerous substance cannot |
| OUI law in Massachusetts | sealing through the Commissioner of Probation is available for criminal records, including OUI |
| OWI law in Michigan | one first-offense OWI conviction may be set aside by application to the court, once in a lifetime; other OWI convictions cannot be set aside |
| DWI law in Minnesota | DWI convictions are excluded from automatic expungement; a court petition for sealing is available |
| DUI law in Mississippi | a first-offense DUI conviction can be expunged once if you did not refuse testing, your BAC was below 0.16 when results are available, you have no other DUI conviction or pending charge, and you have never had a DUI nonadjudication or expunction; not available to commercial license or permit holders; a first offense may instead be nonadjudicated once |
| DWI law in Missouri | a first misdemeanor intoxication-related traffic offense can be expunged once, if you have no later intoxication-related offense or enforcement contact; not available to commercial driver's license holders |
| DUI law in Montana | misdemeanor expungement exists once in a lifetime, but it is not presumed for DUI offenses under Title 61, chapter 8, part 10; the court weighs age, time elapsed, rehabilitation and risk of reoffending |
| DUI law in Nebraska | a conviction can be set aside (nullified) after a probation, fine-only or community service sentence is completed; the set-aside still counts as a prior for future DUI sentencing |
| DUI law in Nevada | a misdemeanor DUI can be sealed; a felony third-offense DUI and DUI causing death or substantial bodily harm can't be |
| DWI law in New Hampshire | annulment is available for DWI and aggravated DWI convictions |
| DWI law in New York | sealing by court application for up to two eligible convictions, no more than one of them a felony |
| DWI law in North Carolina | not available: an offense involving impaired driving is not eligible for expunction |
| DUI law in North Dakota | the court seals the record of a DUI conviction if you have no new DUI or other criminal conviction within 7 years of the first violation |
| OVI law in Ohio | OVI convictions cannot be sealed or expunged |
| DUI law in Oklahoma | available under Oklahoma's general expungement law |
| DUII law in Oregon | DUII convictions cannot be set aside, and a DUII arrest dismissed after diversion cannot be set aside either |
| DUI law in Pennsylvania | ARD records are expunged after completion (the clerk keeps a sealed copy for 12 years, then expunges it); a DUI conviction can be sealed through limited access |
| DUI law in Rhode Island | A first offender may move to expunge a misdemeanor conviction, including a DUI, in the court where the conviction took place. The multiple-misdemeanor expungement route (more than one but fewer than six misdemeanors) does not allow convictions under § 31-27-2 (DUI) or § 31-27-2.1 (refusal) to be expunged. |
| DUI law in South Carolina | South Carolina's general expungement for minor convictions does not apply to an offense involving the operation of a motor vehicle, and people charged with DUI or DUAC cannot enter pretrial intervention. |
| DUI law in South Dakota | An arrest record can be expunged when no charge was filed, the case was dismissed, or the person was acquitted. |
| DWI law in Texas | An order of nondisclosure (record sealing from public view) is available for a first DWI that did not involve a BAC of 0.15 or more and did not cause a collision involving another person, whether you received deferred adjudication, community supervision or a completed sentence, if you have no other prior conviction except a fine-only traffic offense. |
| DUI law in Utah | Expungement is available for a misdemeanor DUI conviction. Felony DUI convictions are not eligible. |
| DUI law in Vermont | A qualifying DUI misdemeanor can be sealed by petition |
| DUI law in Virginia | DUI convictions cannot be sealed. A DUI charge that ends in acquittal or dismissal can be expunged by petition |
| DUI law in Washington | A DUI or physical control conviction cannot be vacated under Washington's misdemeanor vacation law |
| DUI law in West Virginia | DUI convictions are excluded from West Virginia's general expungement law. A first offender who completes deferral and conditional probation under § 17C-5-2b may ask the court to expunge the arrest and court records, except DMV records |
| OWI law in Wisconsin | the DMV keeps OWI convictions, suspensions and revocations on the driving record permanently; a court may order a criminal record expunged only for a person under 25 at the time of the offense, for an offense with a maximum of 6 years or less, and never for the DMV driving record |
| DUI law in Wyoming | a misdemeanor DUI conviction may be expunged by petition to the convicting court; felony expungement is limited to certain felonies |
From each state's statutes, DMV and court pages, checked October 2026. Each state's page links its sources.
How Long You Have to Wait to Expunge a DUI
Waiting periods for a DUI conviction run from 2 years to 10 years among the states that allow relief, and the clock usually starts when you finish your sentence, not when you were convicted. A sample:
| State | Waiting period for a DUI conviction | Counted from |
|---|---|---|
| Minnesota | 2 years (misdemeanor), 3 years (gross misdemeanor) | Discharge of the sentence |
| Arizona | 3 years to seal a class 1 misdemeanor | Completing all nonmonetary sentence terms |
| Massachusetts | 3 years (misdemeanor), 7 years (felony) | The disposition, including any incarceration |
| Kentucky | 5 years | Completing the sentence or probation |
| Louisiana | 5 years | Completing the sentence, probation or parole |
| Nevada | 7 years | Release from custody or end of a suspended sentence |
| New Hampshire | 10 years | The date of conviction |
| New York | 10 years | Sentencing on the latest conviction, or release |
| Utah | 10 years | Conviction or release from incarceration, parole or probation |
| Vermont | 10 years | Completing the sentence terms |
Texas splits its wait by how the case ended (Tex. Gov’t Code ch. 411). After deferred adjudication, it is 2 years from discharge and dismissal. After community supervision, it is 2 years if you had at least 6 months of ignition interlock and 5 years otherwise. After a completed sentence, it is 3 years with at least 6 months of interlock and 5 years otherwise. The ignition interlock guide covers when an interlock is required.
Who Is Usually Shut Out
Even in states that allow DUI expungement, these limits come up again and again:
- Commercial drivers. Arkansas, Mississippi, Missouri, North Dakota and Vermont exclude commercial license holders from their DUI relief. The CDL guide covers the federal rules for commercial drivers.
- Repeat offenses. Michigan, Mississippi and Missouri allow relief for one first offense only. Rhode Island’s first-offender route requires no other prior conviction.
- Felonies and injury cases. Utah and Nevada exclude felony DUI convictions, and Vermont excludes DUI with death or serious bodily injury.
- New charges. Kentucky requires no felony or misdemeanor conviction in the 5 years before the petition, and Maryland bars the petition if you had another impaired-driving offense within 15 years.
- Unpaid amounts. Utah requires all fines, interest and restitution to be paid, and Vermont requires restitution and surcharges to be paid.
What a DUI Expungement Does Not Erase
Clearing a criminal case does not always clear every record or consequence.
- The driving record. Wisconsin keeps OWI convictions on the DMV record permanently, even after a criminal expungement (Wis. Stat. § 973.015). See Wisconsin’s rules.
- Future sentencing. A set-aside conviction in Arizona or Nebraska still counts as a prior for a later DUI. A sealed conviction in New York counts as a prior, and North Dakota prosecutors can use a sealed DUI to enhance a later charge.
- License actions. The Arizona Department of Transportation can still use a set-aside conviction for license actions.
- Driving jobs. Arizona sealed DUI records can still be disclosed when you apply for a job driving a vehicle, boat or airplane.
So if you get a DUI expunged and are charged again inside your state’s lookback window, the new charge can still be sentenced as a repeat offense. The lookback checker shows your state’s window.
How a DUI Expungement Petition Generally Works
The details are state-specific, but the steps in the state laws follow a similar order:
- Confirm eligibility. Check that a DUI qualifies in your state, how your case ended, and that the waiting period has passed. In Utah, you first apply to the Bureau of Criminal Identification for a certificate of eligibility.
- File in the right place. In Kentucky, Nevada, Michigan and Wyoming, you petition or apply to the court that convicted you. Massachusetts uses a form filed with the Commissioner of Probation instead.
- Pay the filing fee. Kentucky and Wyoming each charge $100.
- Notify the prosecutor. Wyoming requires service on the prosecuting attorney and the Division of Criminal Investigation. In New York, the district attorney may object within 45 days.
- Attend a hearing if one is set. Missouri holds a hearing and orders expungement if you have no later offenses, contacts or pending charges. Montana weighs your age, time elapsed, rehabilitation and risk of reoffending.
- Check the result. After an order, confirm with the court and your state’s record agency that the record now shows correctly.
Getting Help With a DUI Expungement
A DUI expungement lawyer reviews your court record, confirms which law applies, prepares and files the petition, and represents you if the prosecutor objects or the court holds a hearing. You can check any lawyer’s license with your state bar. If you can’t afford a lawyer, your state bar’s lawyer referral service or a local legal aid office can point you to help.
If your DUI case is still open, the expungement question starts now. A dismissal or diversion may be clearable when a conviction is not, so talk with a lawyer licensed in your state or the public defender before you plead. If you were just arrested, the license hearing deadline comes first: the DUI deadline calculator gives your date. The guides on what happens after a DUI arrest, your first DUI and how to find a DUI lawyer cover the next steps, and DUI laws by state lists every state’s rules, including Kentucky, Indiana, Michigan and Minnesota.
Frequently Asked Questions
Can a DUI Be Expunged in California?
California has no true expungement. After you complete probation, you can petition to withdraw your plea and have the case dismissed under Penal Code § 1203.4. The dismissal can still be pleaded and proved as a prior in a later DUI case, and the DMV keeps the conviction on your driver record. See California's rules.
Can a DWI Be Expunged in Texas?
Texas uses an order of nondisclosure, which seals the record from public view, for a first DWI with no BAC of 0.15 or more and no collision involving another person. The wait is 2 years after a deferred adjudication is discharged and dismissed, and up to 5 years after a completed sentence. See Texas's rules.
Can a DWI Be Expunged in North Carolina?
No. North Carolina law makes an offense involving impaired driving ineligible for expunction (N.C. Gen. Stat. § 15A-145.5(a1)). See North Carolina's rules.
How Much Does It Cost to Expunge a DUI?
Court filing fees are set by each state. Kentucky's filing fee for a misdemeanor expungement is $100, and Wyoming's petition filing fee is $100. If you hire a lawyer, the lawyer's fee is separate from the court's fee.
Does a DUI Expungement Remove the DUI From My Driving Record?
Not always. Wisconsin never lets an expungement reach the DMV record, Delaware's first offenders election stays on the DMV record, and West Virginia's deferral expungement excludes DMV records. Indiana is an exception: expunged records there include BMV files.
Can a Felony DUI Be Expunged?
Rarely. Utah and Nevada exclude felony DUI convictions. Indiana allows expungement of a Level 6 felony OWI 8 years after conviction unless it caused bodily injury, and Idaho lets a court reduce a felony to a misdemeanor after probation. See the felony DUI guide.
More on Records
- How Long a DUI Stays on Your RecordDriving record vs criminal record, and lookback periods
- DUI vs DWI vs OWIWhat each term means and which states use which
- What OWI MeansOperating while intoxicated, and the states that use the term
- Blood Alcohol LimitsThe 0.08 limit, commercial and under-21 limits, and enhanced-BAC tiers
- Implied ConsentWhat refusing a breath or blood test costs you, state by state
- DUI CheckpointsWhich states allow sobriety checkpoints and where agencies announce them
This guide explains DUI law in plain language from official sources. It isn't legal advice; laws differ by state and change, and a lawyer licensed in your state can advise on your case.