Can a DUI Be Expunged? | SmartFinancial

A DUI cannot be expunged from your driving record. It is, however, possible to expunge a DUI from your criminal record, effectively concealing the conviction from the general public's view. This removal can unlock doors previously closed, from job applications to housing rentals. However, the path to expungement is governed by specific state laws and while the record might be hidden from many, certain entities such as law enforcement, may still retain access.

Key Takeaways

A DUI criminal expungement typically costs over $1,000, varying by factors like state, attorney fees and court costs.
States like Arkansas, California, Colorado and Connecticut allow expungement under specific conditions.
Several states, such as Alabama, Alaska and Arizona, do not offer DUI expungement.
Expunging a DUI won't reduce car insurance premiums as DUIs remain in insurance databases.

What Does It Mean To Expunge a DUI?

To expunge a DUI from your criminal record means to “remove” the record of the DUI conviction or arrest, making it invisible to the general public. Once expunged, the individual typically doesn't need to disclose the DUI on most job applications and it won't appear in most background checks.

However, the expunction process and its implications can vary by jurisdiction. Although an expunged criminal record is hidden from public view, it's not entirely erased.

Law enforcement and some government agencies may still be able to see your DUI conviction even after getting it expunged.

What Are the Benefits of Having a DUI Expunged?

Having a DUI conviction expunged from one's criminal record can have several benefits, including:

Employment opportunities: Many employers conduct background checks and a DUI conviction can be a barrier to obtaining a job. Expunging a DUI can help prevent it from showing up on most background checks.
Housing applications: Rental agencies and landlords often run background checks on prospective tenants. An expunged DUI might make it easier for someone to secure housing.
Educational benefits: Some colleges and universities ask about criminal records during the application process. Having a record expunged can prevent potential issues during admissions. Additionally, certain scholarships and financial aid opportunities for those with a criminal conviction may be out of reach.
Professional licenses: Many professions require licensing or certification and having a DUI can hinder the licensing process. A DUI expungement can alleviate these concerns.
Travel: Some countries may deny entry to individuals with certain criminal convictions, including DUIs. While this varies by country, expunging a DUI can potentially prevent travel complications.
Loans and credit applications: A criminal record can sometimes affect a person's ability to secure loans or credit. Expungement can help in ensuring smoother financial transactions.
Civil rights restoration: Depending on the jurisdiction, a criminal conviction might affect certain civil rights, such as the right to vote or bear arms. Expungement can help in restoring these rights.
Peace of mind: Having a DUI on your criminal record can be a source of personal stress or embarrassment. Expungement may help individuals to move on from past mistakes.

DUI Expungement Laws by State

The laws governing DUI and OWI expungement will vary by state. The below table breaks down which states offer expungement as well as those that don’t.

State	Can You Expunge a DUI From Your Criminal Record?
Alabama	No
Alaska	No
Arizona	No
Arkansas	Yes, for a first-time offender who completed probation^[1]
California	Yes
Colorado	Yes
Connecticut	Yes, after 5 years after your most recent felony and/or 3 years after your most recent misdemeanor^[2]
Delaware	No
Florida	No
Georgia	No
Hawaii	Yes
Idaho	No
Illinois	No
Indiana	Yes
Iowa	No
Kansas	No
Kentucky	Yes, after 10 years^[3]
Louisiana	Yes, after 10 years with no additional criminal charges^[4]
Maine	No
Maryland	No
Massachusetts	No
Michigan	Yes
Minnesota	No
Mississippi	Yes, after 5 years^[5]
Missouri	Yes
Montana	Yes
Nebraska	No
Nevada	Yes, after 7 years^[6]
New Hampshire	Yes
New Jersey	N/A
New Mexico	No
New York	No
North Carolina	No
North Dakota	Yes
Ohio	No
Oklahoma	Yes
Oregon	No
Pennsylvania	Yes
Rhode Island	Yes
South Carolina	No
South Dakota	Yes
Tennessee	No
Texas	Yes
Utah	Yes
Vermont	No
Virginia	No
Washington	No
West Virginia	Yes
Wisconsin	Yes
Wyoming	No

How Much Does a DUI Expungement Cost?

The cost to get a DUI expunged from your record will vary by state. For example, it may cover over $1,000 to get either a DUI or DWI expunged in California.^[7] The cost of a DUI expungement can vary widely based on several factors, including the jurisdiction in which the conviction took place, attorney fees, court fees and additional associated costs.

How To Get a DUI Expunged

The expungement process may differ from state to state but we’ve provided a basic overview of how you can approach this topic.

1. Check Eligibility

Checking your eligibility is the first step in getting a DUI expunged. Eligibility factors might include the time since the conviction, other criminal convictions, completion of probation or court-mandated programs and payment of all fines and restitution.

While you can navigate the expungement process yourself, consider consulting a DUI attorney in your area. Their expertise can simplify the procedure, ensuring you meet all requirements.

2. File Paperwork

The next step is to complete the necessary paperwork or petitions specific to your jurisdiction. Accuracy is paramount to prevent delays or denials. After filling out the forms, they typically need to be filed with the court that handled your DUI case, which might involve a filing fee. Some jurisdictions also mandate that you serve notice of your expungement request to entities like the district attorney's office.

3. Attend Court

Depending on your jurisdiction, you might be required to attend a court hearing. Here, a judge will review your request, considering any objections or concerns from other parties. If the court decides in your favor, they will issue an expungement order for your DUI. Once this process is finalized, it's prudent to verify the expungement by obtaining a new copy of your criminal record.

4. Get a Copy of Your Criminal Record

You should request a copy of our criminal record, especially if the court grants your petition. Doing so should show your expungement has taken effect.

How Long Does a DUI Expungement Take?

The time it takes to complete the DUI expungement process from start to end can depend on your state. For example, finalizing an expungement in California can sometimes take three to four months.^[8]Other factors that can affect the timeline include how backlogged your court system is and the number of clerks who are working.

Are There Limits to a DUI Expungement?

A DUI expungement does not remove a DUI conviction from your driving record. For example, under California law, a California DUI conviction will remain on your record for ten years as a prior conviction, regardless of expungement.^[9] Other states like Alaska and Illinois will hold a DUI conviction on your driving record forever.

And while most people won’t be able to access your DUI criminal record after expungement, government agencies will. Additionally, jobs that involve children will prompt access to your DUI convictions as well.

Will My Car Insurance Go Down if I Get My DUI Expunged?

Unfortunately, an expungement will not have an effect on your car insurance premiums. Getting an expungement will remove your DUI from several databases but insurance databases are not among them. As a result, expunging a DUI won’t result in creating a clean driving record, which is usually rewarded with a lower insurance rate.

The only option is waiting for the DUI to fall off your record. Keep in mind some states maintain DUI convictions indefinitely.

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FAQs

How long does a DUI stay on your record?

The amount of time a DUI will stay on your driving record will differ depending on where you received the DUI. Some states may keep a DUI on a driver’s record for a couple of years whereas others may show the DUI forever.

Can an OWI or DWI be expunged?

It’s possible to expunge a DWI (driving while intoxicated) or OWI (operating while intoxicated) provided your state allows such an action to be taken. You can read above about how to expunge a DUI from your criminal record.

Is a DUI a misdemeanor or a felony?

A DUI can be a misdemeanor or felony depending on whether there was an accident that caused injuries to others and property damage.

How does a DUI affect car insurance?

DUIs cause car insurance rates to increase by a significant amount. Remember, getting a DUI expunged will not affect your car insurance rates.

Can you get a DUI expunged?

You can get a DUI expunged if your state allows expungements for intoxicated driving. The process to do this may vary but we’ve provided a general overview of how you can go about expunging a DUI.

Sources

The State of Arkansas. “Expungement,” Page 1. Accessed August 15, 2023.
The State of Connecticut. “State of Connecticut Board of Pardons and Paroles.” Accessed August 15, 2023.
School of Industrial and Labor Relations. “Expungement: Kentucky.” Accessed August 15, 2023.
Collateral Consequences Resource Center. “50-State Comparison: Expungement, Sealing & Other Record Relief.” Accessed August 15, 2023.
LegiScan. “Mississippi House Bill 412 (Prior Session Legislation).” Accessed August 15, 2023.
The State of Reno. “Information for Sealing Criminal Records in Nevada,” Page 2. August 15, 2023.
Record-Clear. ”Fees for California Expungement Cases.” Accessed August 15, 2023.
Record-Clear. ”California DUI Expungement Law.” Accessed August 15, 2023.
Crowell Law Offices. “How Long Will a DUI Conviction Stay On My Record in California?” Accessed August 15, 2023.

Can a DUI Be Expunged From Your Driving Record?

Derek San Filippo

Dan Marticio

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