Individuals who are arrested or convicted for driving under the influence may be eligible for expungement, to erase the offense from their record. The laws around this vary by state and can depend on several factors. People wanting to apply for DUI expungement can find out more about this process on the relevant state’s website and may wish to seek legal advice.
- DUI expungement means that offenses relating to driving under the influence are erased from the individual's criminal record.
- Expungement varies by state, and in some states is not permitted, although variations of this are often available, such as record sealing or setting aside.
- Applying for DUI expungement involves meeting eligibility criteria, filling in an application, and attending a court hearing.
What is DUI expungement?
People who have been arrested or convicted of driving under the influence (DUI) may be able to have this expunged, erasing it from their record. This means that the arrest or conviction can be treated as if it never occurred. DUI expungement can remove the offense from the individual’s record, although it may still be accessible to the courts or on a driving record. [1]
Similar processes include sealing or setting aside records. Sealing means that the arrest or conviction cannot be seen by the public, such as employers or landlords, but remains accessible to law enforcement and the courts. [2]
Setting aside means that the record remains on public record, but includes that the individual has been rehabilitated, completed probation or sentencing, or attended necessary programs, and the charges have been dismissed. [2][3]
Sometimes, these terms are used interchangeably, and other terms might be used instead. This can cause confusion when individuals wish to understand the laws within their state.
Disclaimer
The information contained on this page is provided for general informational purposes only and does not constitute legal advice under United States federal or state law. No content on this page or any other page of Recovered should be relied upon as legal advice. The information may be inaccurate, incomplete, or inconsistent and is subject to change without notice. No attorney-client relationship is created by use of this website.
What expungement does (and its limitations)
Expungement can have several benefits, including: [6][7]
- Reducing stigma associated with having a criminal record.
- Prevent individuals from facing barriers to employment.
- Help individuals re-enter society.
- Prevent long-term consequences of minor crimes among those who are unlikely to reoffend, helping to separate once-off offenders from “career criminals”.
- People with a criminal record are likely to receive lower-level jobs or wages than those without, thus meaning that expungement can help prevent financial issues.
Potential negative consequences or limitations of expungement include: [6]
- Removing public access to criminal records may be seen as depriving the individuals and communities amongst whom the individual proceeds to live of information that may impact their safety.
- They may be seen as an incentive to commit a crime or inhibit the deterrent effect of legal consequences for first-time offenders.
- If the individual reoffends, the courts may be able to access expunged records in some states and sealed records, to be used as a prior conviction in the sentencing decision.
Eligibility criteria and who can expunge a DUI
It is important to note that DUI expungement can vary significantly by state. In some states, this process is not permitted, while in others, the eligibility criteria and process differ.
Eligibility criteria can include: [2][3]
- The severity of the offense: In most states that permit DUI expungement, only misdemeanor DUIs are eligible. Some states allow felony or misdemeanor DUIs to be expunged.
- The status of the case: To be eligible for DUI expungement, the case must be completed, which can include completing probation, paying any fines or costs, or completing court-mandated classes or treatments.
- Waiting periods: Some states require a certain length of time to have passed before the individual can be eligible for expungement, although this can vary by state.
- Criminal history: Past criminal offenses can reduce the likelihood of being eligible for DUI expungement, particularly related offenses and any new offenses. In many states, DUI expungements are only permitted for first-time offenders, and not those with multiple DUI convictions.
How to get a DUI expunged
The first step in DUI expungement is understanding the specific laws and procedures within your state. This can vary significantly, so it can be helpful to familiarize yourself with the state’s laws before commencing the process. Searching online can be a good first step, although it may be necessary to consult with a lawyer to understand more complicated legislation.
In some states, certain circumstances are automatically expunged after a certain amount of time, such as juvenile records or minor offenses. As such, individuals may not even need to apply for expungement in these instances. [3][4]
It may be advisable to seek professional legal advice to understand eligibility and the application process. Typically, it is necessary for a certain length of time to have passed since the offense and for no further offenses to have occurred.
It is necessary to ensure that eligibility criteria are met before applying for expungement, which vary from state to state. Following this, the individual will be required to collect all necessary records and documentation associated with this offense and the completion of any probation or sentencing. [1][5]
The individual can then file a petition with the court and will be required to attend a court hearing. Specific steps and requirements may differ by state. [1]
Potential court hearings and what to expect
Once filed, the petition will typically be handed to a prosecuting attorney, who reviews the case. They can file an objection if the individual is not eligible or the request is deemed a danger to public welfare. [3]
The individual then presents their case in court, providing evidence to support their application. If the prosecuting attorney has filed an objection, they also attend the hearing to argue against the individual’s case. In some cases, particularly those with no objection or straightforward petitions, a judge may provide expungement without the need for a hearing. [1][3]
The judge will decide whether expungement will be granted based on eligibility, potential impact on public welfare, offense severity, and criminal history. A decision will be made by the court, and if expungement is approved, the record will be erased. It’s important to understand that official record updates like expungements can take several weeks or months to complete. [1]
Costs and timelines
In most states, there is a cost incurred when filing the petition, which can range from one hundred to several hundred dollars. In some cases, these fees might be waived. Additionally, using legal representation throughout this process will incur costs, which will vary. [3]
Many states require waiting periods, which can range from immediate to up to 10 years following sentencing. For example, in some states, individuals may be eligible immediately after the completion of probation or a sentence. Conversely, some states have longer waiting periods of up to 10 years after the offense or after the completion of probation or sentence. [2][3]
How expungement helps recovery & reentry
Expungement can benefit individuals in recovery by: [2][4]
- Enhancing employment opportunities and salaries if past offenses are not required to be reported during job applications.
- Receiving an expungement can require the individual to complete education or rehabilitation programs, which can lead to positive changes and promote recovery.
- Improving their housing prospects as they are less likely to be discriminated against for their past offense.
- Reducing personal or social stigma or judgment associated with the offense, which can improve self-esteem and mental well-being and positively impact the recovery process.
- Reducing the social consequences of substance-related crimes can also help individuals in recovery to reintegrate into society and rebuild their social support networks.
State resources
The table below includes links to state-specific resources and information about expungement:
| States allowing full DUI expungement | States allowing alternative (i.e., sealing or set-aside) or limited (i.e., minor offenses only, or non-conviction) relief for DUI | States in which DUI relief is prohibited entirely |
| California | Alabama | Alaska |
| Indiana | Arizona | Colorado |
| Kansas | Arkansas | Delaware |
| Kentucky | Connecticut | Florida |
| Louisiana | Hawaii | Georgia |
| Michigan | Idaho | Illinois |
| Minnesota | Iowa | Maine |
| Mississippi | Massachusetts | Maryland |
| Missouri | Nebraska | New Jersey |
| Montana | Nevada | New Mexico |
| New Hampshire | Rhode Island | New York |
| North Dakota | South Dakota | North Carolina |
| Oklahoma | South Carolina | Ohio |
| Pennsylvania | Texas | Oregon |
| Utah | Vermont | Tennessee |
| Virginia (from July 2026) | Washington | |
| West Virginia | Wisconsin | |
| Wyoming |
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