Can You Expunge a DUI? It Depends on Your State
Most states do not allow DUI conviction expungement. But some do — California, Oregon, and a few others. Here is what is actually possible in your state.
You made a mistake. Maybe it was five years ago. Maybe it was fifteen. You served your sentence, paid your fines, completed the classes, and moved on with your life. But the DUI conviction is still on your record, showing up on every background check, every time you apply for a job or an apartment.
The natural question is: can I get this expunged?
The honest answer is: it depends entirely on your state. DUI is treated differently from most other criminal offenses when it comes to expungement. Many states that allow expungement for drug possession, theft, or assault specifically exclude DUI convictions. Some states offer a path. A few offer nothing at all. This article is going to walk you through the actual landscape — no false promises, just what the law says.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
Why DUI Is Treated Differently
Most expungement statutes were written to give people a second chance after low-level offenses. DUI occupies an unusual position in criminal law — it is one of the most common criminal charges in the country, but legislatures have consistently carved it out of expungement eligibility. The reasoning is public safety. Lawmakers argue that DUI convictions should remain visible to courts and law enforcement so that repeat offenses can be sentenced with full knowledge of the person's history.
There is also the aggravating factor issue. A first-time DUI is typically a misdemeanor. But BAC levels above 0.15, accidents involving injury, having a minor in the vehicle, or a second or third offense can elevate a DUI to a felony in most states. Felony DUI convictions are almost universally excluded from expungement, even in states that allow misdemeanor DUI relief.
The result is a patchwork. Some states say no across the board. Some say yes under narrow circumstances. Some use alternative relief mechanisms — like dismissal or set-aside — that accomplish something similar to expungement but with different legal effects.
States That Allow Some Form of DUI Relief
A handful of states offer a path for people with DUI convictions to get some form of record relief. The details matter, so read the specifics for your state carefully.
- California — PC 1203.4 allows dismissal of a DUI conviction after completing probation. The conviction is withdrawn and the case dismissed. This is not full expungement — it does not erase the record — but it changes the disposition. Employers see "dismissed" instead of "convicted." It does not remove the DUI from DMV records or prevent it from being used as a prior if you get another DUI.
- Oregon — A DUI conviction itself cannot be set aside. However, if your DUI was dismissed, acquitted, or reduced to a non-DUI offense, the arrest record may be eligible for set-aside under ORS 137.225.
- Washington — Misdemeanor DUI convictions may be eligible for vacating under RCW 46.61.5055 after 10 years with no new offenses. This is one of the longer waiting periods but it exists.
- Colorado — Record sealing became available for some DUI convictions under the 2022 Clean Slate Act. Misdemeanor DUI convictions may be sealed after a waiting period.
- Nevada — First-time misdemeanor DUI convictions may be sealed after 7 years under NRS 179.245.
- Arkansas — DUI convictions may be sealed 5 years after completing the sentence under Act 1460.
- New Jersey — Clean Slate Act allows expungement of some DUI-related offenses after the waiting period, though municipal DWI violations are handled separately from indictable offenses.
These are general summaries. Each state has specific eligibility criteria, waiting periods, and exclusions. A felony DUI, a DUI involving injury, or a DUI with a minor in the vehicle is excluded in most of these states even if they otherwise allow relief.
States That Do Not Allow DUI Expungement
Most states fall into this category. The DUI conviction stays on your criminal record permanently, regardless of how long ago it happened or how clean your record has been since. Some of the notable states in this group:
- Ohio — OVI (Ohio's DUI equivalent) convictions cannot be expunged or sealed under Ohio Revised Code 2953.36. If the case was dismissed or you were acquitted, the arrest record may be sealable.
- Florida — DUI convictions are specifically excluded from both expungement and sealing under Florida Statute 943.0585.
- Texas — DUI convictions cannot be expunged. Deferred adjudication is not available for DUI in Texas, removing the main pathway other offenses use.
- Georgia — DUI convictions are not eligible for record restriction (Georgia's equivalent of expungement).
- Pennsylvania — DUI convictions are excluded from the Clean Slate automatic sealing law.
- Michigan — DUI convictions (OWI) are generally excluded from expungement under MCL 780.621.
- Illinois — DUI convictions cannot be expunged or sealed.
- New York — DUI convictions are not eligible for sealing under CPL 160.59.
In these states, even though the conviction cannot be expunged, arrest records from DUI cases that were dismissed or acquitted may still be eligible for expungement or sealing. The distinction between conviction and non-conviction records matters.
The Deferred Adjudication Exception
In some states, a DUI charge can be resolved through deferred adjudication or a diversion program. If you successfully complete the program, the charge may be dismissed rather than resulting in a conviction. A dismissed charge is generally eligible for expungement even when a conviction would not be.
This is why the disposition of your case matters so much. If you were charged with DUI but the case was ultimately dismissed — whether through diversion, deferred adjudication, a plea to a lesser charge, or an acquittal at trial — your options are significantly better than if you were convicted.
Check the actual disposition on your court record. Many people assume they were “convicted” when their case was actually disposed of through a mechanism that does not count as a conviction for expungement purposes.
Felony vs. Misdemeanor DUI
The severity of your DUI charge changes your options dramatically. A first-time misdemeanor DUI with no aggravating factors has the best chance of some form of relief in the states that allow it. The further you move from that baseline, the fewer options you have.
- 1.Felony DUI — elevated due to injury, death, or repeat offenses. Almost universally excluded.
- 2.High BAC (0.15+) — some states treat this as an aggravating factor that changes eligibility.
- 3.Accident involving bodily injury — most states exclude DUI with injury regardless of felony/misdemeanor classification.
- 4.Minor in the vehicle — child endangerment enhancement typically disqualifies.
- 5.Multiple DUI convictions — states that allow relief for a first DUI almost never extend it to second or third offenses.
- 6.Commercial driver DUI — CDL-related DUI has additional federal restrictions that expungement does not address.
Even in states that allow DUI dismissal (like California), the DUI stays on your DMV record and counts as a prior for sentencing purposes if you get another DUI. Expungement or dismissal addresses the criminal record. It does not address the DMV record.
What If Your DUI Cannot Be Expunged?
If your state does not allow DUI expungement and your case resulted in a conviction, the record is permanent on the government side. That is the straight answer. But there is still something you can do about how that record shows up in the real world.
Most employers and landlords do not search government court databases directly. They use private background check companies — Checkr, Sterling, HireRight, LexisNexis, and dozens of others. These companies maintain their own databases built from historical scrapes of public court records. Under the FCRA, these companies must report accurate, complete information.
Even when a conviction cannot be expunged, you have the right to ensure that private background check companies are reporting it accurately — with the correct disposition, the correct charge level, and no errors that make it look worse than it is. Errors are common. A misdemeanor reported as a felony, an old arrest showing alongside the conviction, incorrect dates — all of these are disputable under the FCRA.
Record Sweep generates personalized FCRA dispute letters for 164+ background check companies. Even if the conviction itself must be reported, ensuring it is reported accurately — and that outdated arrest-only records are removed — can meaningfully change what an employer sees.
The Arrest Record Distinction
Here is something important that many people overlook: even in states that prohibit DUI conviction expungement, arrest records from DUI cases that did not result in conviction are often eligible for expungement or sealing.
If you were arrested for DUI but the charges were dropped, reduced to a non-DUI offense, or you were acquitted at trial, the arrest record can typically be expunged. This matters because background check companies often report arrest records alongside conviction records, and an arrest for DUI — even without a conviction — can affect how an employer views your application.
The options guide will help you determine whether your specific case is a conviction or a non-conviction disposition, and what options are available in your state for each.
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