Expungement is one of the most misunderstood concepts in DUI law. People assume it erases a conviction completely. In practice, what it does varies significantly by state - and for many states, it is not available for DUI convictions at all.
What Expungement Actually Does
Expungement is a court order that seals or destroys a conviction record. After a successful expungement, the conviction does not appear on standard background checks used by private employers. In most states, you can legally answer "no" when private employers ask whether you have been convicted of a crime.
What expungement does not do: it does not erase the record from law enforcement databases, court records accessible to other courts, federal background checks, or most professional licensing board records. A DUI that has been expunged in California is still visible to law enforcement and still counts as a prior if you are arrested for DUI again.
Expungement helps with private employment background checks. It does not help with government jobs, security clearances, or professional license applications in most contexts.
States Where DUI Expungement Is Available
The following states allow DUI expungement under various conditions:
California allows expungement under Penal Code 1203.4 after completing probation (typically one year). This is one of the most accessible DUI expungement paths in the country and is genuinely used by a large number of people. Misdemeanor DUI only.
Indiana allows true expungement of misdemeanor OWI after 5 years under the Second Chance Law. Felony OWI requires 8 years.
Michigan allows expungement of a first OWI after 5 years under the 2022 Clean Slate amendments.
Missouri allows expungement after 10 years under RSMo 610.130, limited to one expungement lifetime.
Kansas allows misdemeanor DUI expungement after 5 years.
Kentucky allows expungement after 10 years.
Louisiana allows one expungement per 10 years under Article 894 plea provisions.
Mississippi allows expungement after 5 years under a specific first-offense provision.
Montana allows once-per-lifetime misdemeanor expungement after 5 clean years.
Connecticut allows expungement via Absolute Pardon after 3 years for misdemeanor.
Utah allows expungement of misdemeanor DUI after 10 years.
Vermont allows sealing (not full expungement) after 10 years.
Arizona allows a "set-aside" which functions similarly to expungement - the conviction remains on record but the finding of guilt is set aside. Available immediately after sentence completion.
Pennsylvania allows expungement after 10 years of a clean record under Section 9122.
Rhode Island and Maryland allow expungement under limited conditions with long waiting periods.
States Where DUI Expungement Is Not Available
Many of the most populous states do not permit DUI expungement under any circumstances:
Florida - DUI convictions are permanent. Dismissals and acquittals can be sealed, but a conviction stays on record forever.
Illinois - No expungement of DUI is possible, regardless of time elapsed.
Colorado - DUI convictions cannot be expunged or sealed.
Georgia - DUI cannot be restricted or expunged under OCGA 35-3-37.
Washington - DUI convictions generally cannot be vacated.
Texas - DWI convictions cannot be expunged. Only dismissals qualify. First-offense convictions may receive nondisclosure (sealing) after 2-5 years in limited circumstances.
New York - DWI cannot be expunged. Sealing after 10 years under CPL 160.59 is possible in limited cases.
New Jersey - DWI is a traffic offense, not a criminal conviction, and therefore not eligible for expungement.
Oregon - DUII convictions and diversions are explicitly ineligible under ORS 137.225.
Tennessee - DUI convictions cannot be expunged.
Virginia - DUI is explicitly excluded from Virginia's 2025 misdemeanor sealing law.
West Virginia - DUI is excluded from misdemeanor expungement.
Wisconsin - OWI cannot be expunged.
The Cost of Expungement
Court filing fees for a DUI expungement petition run $30 to $300 in most states. Attorney fees for handling the petition typically run $500 to $1,500 for a straightforward misdemeanor case. Total cost for a represented expungement petition is usually $700 to $2,000.
Some people file expungement petitions pro se (without an attorney). Courts generally allow this, and the filing is not legally complex. However, attorney representation increases the probability of success and ensures the paperwork is correct.
In California, the filing fee is approximately $120. In Pennsylvania, the BCI processing fee is $65. Indiana's filing fee is $156.
Use our Expungement Cost Calculator to check your state's eligibility requirements and estimated costs.
Timing Your Expungement Petition
Waiting periods begin from different trigger points depending on the state. California measures from the completion of probation. Indiana and Michigan measure from the conviction date. Missouri measures from sentence completion.
File as soon as you are eligible. There is no benefit to waiting beyond the required period. The sooner the expungement is granted, the sooner it benefits you on employment background checks.
Expungement and Future DUI Arrests
This is the most important thing to understand about DUI expungement: an expunged DUI still counts as a prior offense if you are arrested for DUI again. Expungement affects how the conviction appears on civilian background checks, not how law enforcement and courts treat it.
If you have an expunged DUI in California and you are arrested for DUI in California five years later, the prosecutor will see the prior and charge you as a second-offense DUI. The expungement does not erase the prior for purposes of DUI sentencing.
This is true in every state that allows DUI expungement. The record is sealed from public view, not erased from the legal system.
This guide is for informational purposes only and does not constitute legal advice. DUI laws and costs vary by state and individual circumstances. Consult a licensed DUI attorney in your state for guidance on your specific situation.
Frequently Asked Questions
What states allow DUI expungement?
States that allow DUI expungement include California (after 1 year of probation completion), Indiana (after 5 years), Michigan (after 5 years under 2022 Clean Slate amendments), Missouri (after 10 years), Kansas (after 5 years), Kentucky (after 10 years), Louisiana (under Article 894), Mississippi (after 5 years), Montana (once per lifetime after 5 years), Utah (after 10 years), and Pennsylvania (after 10 years clean). Arizona allows a set-aside which functions similarly. Many populous states including Florida, Illinois, Colorado, Georgia, and Washington do not allow DUI expungement.
What does DUI expungement actually do?
After a successful expungement, the conviction does not appear on standard background checks used by private employers, and in most states you can legally answer no when asked about criminal convictions on private employer applications. However, expungement does not erase the record from law enforcement databases, court records, federal background checks, or most professional licensing board records. An expunged DUI still counts as a prior offense if you are arrested for DUI again.
How much does DUI expungement cost?
Court filing fees typically run $30 to $300. Attorney fees for handling the expungement petition are usually $500 to $1,500 for a straightforward misdemeanor. Total cost for a represented expungement is typically $700 to $2,000. Some people file pro se without an attorney, which reduces cost but may reduce success rate.
How long do you have to wait before applying for DUI expungement?
Waiting periods vary significantly by state. California measures from probation completion, typically 1 year after sentencing. Indiana and Michigan measure from the conviction date, requiring 5 years. Missouri requires 10 years from sentence completion. Pennsylvania requires 10 years of a clean record. The clock starts at different points in different states - confirm the trigger date for your state.
Does expungement remove a DUI from your driving record?
Expungement typically applies to the criminal record, not necessarily the DMV driving record. Your state DMV may retain the DUI on your driving record independently of any criminal court expungement. Insurance companies can access DMV records and may continue to see and surcharge the conviction even after criminal expungement. Check with your state DMV specifically about the driving record impact.