DUI Expungement by State: Where You Can Clear Your Record

Whether you can get a DUI expunged depends entirely on the state where you were convicted. About 28 states offer some form of relief, whether through expungement, record sealing, set-aside, or non-disclosure orders. The remaining states keep DUI convictions on your criminal record permanently.

This guide covers every state's rules, waiting periods, alternatives where expungement is unavailable, and how clearing your record affects employment, insurance, and future charges.

States That Allow DUI Expungement

The following states offer some form of DUI record clearing. Requirements, waiting periods, and the type of relief vary significantly.

State	Relief Type	Waiting Period	Key Conditions
Arizona	Set-aside + sealing	After sentence completion; ~3 yrs for sealing	ARS 13-905, ARS 13-911
Arkansas	Record sealing	10 years	Court must grant unless state shows clear and convincing evidence against
California	Dismissal (PC 1203.4)	After probation completion	Penal Code 1203.4; does not seal record
Indiana	Expungement	5 yrs (misdemeanor); 8 yrs (felony)	IC 35-38-9; no convictions during wait
Kansas	Expungement	5 yrs (1st offense); 7-10 yrs (subsequent)	KSA 21-6614; misdemeanor only
Kentucky	Expungement	10 years	First offense only; no additional DUIs during wait
Louisiana	Expungement	10 years	Code of Crim. Proc. Art. 978; no other convictions in 10 yrs
Maryland	PBJ expungement	15 years (new Oct 2024)	First offense, alcohol-only, PBJ disposition only
Michigan	Set-aside	5 years after probation	MCL 780.621; first OWI only
Minnesota	Expungement	2 years (4th-degree DWI)	Chapter 609A; court has favorable presumption
Missouri	Expungement	10 years	First offense only; no related offenses in 10 yrs
Montana	Expungement	5 years	Misdemeanor only; court has discretion
Nevada	Record sealing	7 years (misdemeanor)	NRS 179.245; felony DUI can never be sealed
New Hampshire	Annulment	10 years	From date of conviction
North Dakota	Record sealing	7 years	N.D.C.C. 39-08-01.6; CDL holders ineligible
Oklahoma	Expungement	Varies	Partial (deferred) or full expungement available
Pennsylvania	ARD dismissal	After ARD completion	First offense; charges dismissed, arrest expunged
Rhode Island	Expungement	5 years	First offense only; judge finds good moral character
South Dakota	Expungement	10 years	Misdemeanor only; felony DUI ineligible
Utah	Expungement	10 years	Misdemeanor first offense only; Ch. 77-40
Vermont	Record sealing	10 years	13 V.S.A. 7602(e); CDL holders ineligible
West Virginia	Expungement	1-2 years	Misdemeanor only; ignition interlock completion may help
Wyoming	Expungement	5 years	WS 7-13-1501; misdemeanor only; one lifetime use

States That Do Not Allow DUI Expungement

These states keep DUI convictions on your criminal record permanently. No expungement, sealing, or equivalent relief is available for DUI convictions.

State	Notes
Alaska	Permanent criminal and driving record
Colorado	Specifically excluded from Clean Slate Act (July 2025)
Connecticut	Excluded from Clean Slate automatic erasure; under review for 2026
Delaware	No expungement unless juvenile conviction
Florida	Permanent record; driving record retention: 75 years
Georgia	DUI excluded from record restriction
Hawaii	No adult expungement; under-21 exception
Illinois	DUI not an expungable event
Iowa	OWI cannot be expunged (exception: deferred judgment)
Massachusetts	OUI specifically excluded from expungement and sealing
Mississippi	DUI cannot be expunged
Nebraska	No expungement; set-aside available (adds notation, does not remove)
New Jersey	DUI classified as traffic offense, not criminal; cannot use criminal expungement
New Mexico	DWI excluded from Criminal Records Expungement Act; stays on record 55 years
New York	No true expungement; Clean Slate Act (Nov 2024) allows auto-sealing after 3-8 years
North Carolina	DWI not eligible for expunction
Oregon	DUII never eligible for expungement under ORS 137.225
South Carolina	DUI cannot be expunged
Tennessee	DUI cannot be expunged under TCA 40-32-101
Texas	No expungement; non-disclosure order available (see below)
Virginia	Excluded from new sealing law (delayed to July 2026)
Washington	DUI cannot be expunged
Wisconsin	OWI specifically excluded under 973.015

Alternative Relief

Several states that prohibit DUI expungement offer alternative forms of relief.

Texas Non-Disclosure Orders

Under Government Code 411.0736, Texas allows non-disclosure orders that seal first-time DWI records from private background checks. Requirements: first offense, BAC under 0.15, no accident involving another person, no child passenger. The waiting period is 3 years with ignition interlock completion (180+ days) or 5 years without.

New York Clean Slate Act

Effective November 16, 2024, New York's Clean Slate Act provides automatic sealing of eligible convictions. Misdemeanor DWI may auto-seal 3 years after release or sentence completion. Felony DWI may auto-seal after 8 years. However, DMV records remain for 15 years.

Certificates of Rehabilitation

Available in some states, these certificates do not erase the conviction but limit employer liability for hiring someone with a record. They demonstrate rehabilitation and can help with employment.

Governor Pardons

Available in all states as a last resort. A pardon does not erase the conviction but restores civil rights and demonstrates official forgiveness. Each state has different application processes.

What Expungement Does NOT Do

Understanding the limitations of DUI expungement is critical.

Prior Offense Enhancement

In virtually every state, an expunged DUI still counts as a prior offense if you are charged with another DUI. Prosecutors retain access to expunged records specifically for DUI enhancement purposes. In California, expunged DUI priors count for 10 years.

DMV Driving Record

Expungement of a criminal record does not remove the DUI from your DMV driving record in most states. Insurance companies check driving records, not criminal records. The insurance impact of a DUI typically lasts 3 to 10 years regardless of criminal record expungement.

CDL Holders

Federal Motor Carrier Safety Administration regulations require DUI to remain on commercial driver records. A first DUI typically results in a 1-year CDL disqualification. A second DUI results in lifetime disqualification. Expungement does not restore CDL privileges.

Professional Licensing

Many licensing boards (medical, legal, nursing, teaching, real estate) require disclosure of all criminal history, including expunged convictions. Expungement may help with initial licensing applications, but disclosure obligations often remain.

Recent Changes (2024-2026)

Maryland (October 2024): DUI/DWI with Probation Before Judgment now expungeable after 15 years. First offense, alcohol-related only.

New York (November 2024): Clean Slate Act takes effect with automatic sealing provisions. Implementation ongoing through 2027.

Colorado (July 2025): Clean Slate Act fully effective, but DUI/DWAI specifically excluded from both automatic and petition-based sealing.

Vermont (July 2025): Major revision to sealing laws. DUI sealing available after 10 years with clean record.

Virginia (delayed to July 2026): New record sealing law excludes DUI, felony DUI, DUI manslaughter, and DUI maiming. About 90% of other misdemeanors eligible.