Sometimes, but in most states, no. Our state data shows some form of relief for a DUI in 21 states. In the other 29 it shows none: 26 states do not allow a DUI conviction to be expunged, and for 3 (Arkansas, South Dakota, and Wyoming) we have not confirmed the rule from a primary source.
Where relief does exist, it is often not called expungement. Depending on the state, it may be sealing, a set-aside, an annulment, or erasure after a pardon, and each one does something a little different. Only 10 of the 21 states offer what our data records as an expungement of the conviction itself, and every state's relief comes with conditions. The table below shows where your state stands.
Which States Allow DUI Expungement?
The relief and the waiting period in each row are the ones our Expungement Cost Calculator uses for a first offense. Select a state to see its calculator page.
| State | Relief in our data | Waiting period |
|---|---|---|
| Alabama | Not available | Not applicable |
| Alaska | Not available | Not applicable |
| Arizona | Set-aside or record sealing | None in our data |
| Arkansas | Not confirmed in our data | Not confirmed |
| California | Expungement | 1 year |
| Colorado | Not available | Not applicable |
| Connecticut | Erasure after an absolute pardon | 3 years |
| Delaware | Not available | Not applicable |
| Florida | Not available | Not applicable |
| Georgia | Not available | Not applicable |
| Hawaii | Not available | Not applicable |
| Idaho | Not available | Not applicable |
| Illinois | Not available | Not applicable |
| Indiana | Expungement | 5 years |
| Iowa | Not available | Not applicable |
| Kansas | Expungement | 5 years |
| Kentucky | Expungement | 10 years |
| Louisiana | Expungement | 5 years |
| Maine | Not available | Not applicable |
| Maryland | Expungement of a probation before judgment (PBJ) | 15 years |
| Massachusetts | Not available | Not applicable |
| Michigan | Record sealing | 5 years |
| Minnesota | Record sealing | 2 years |
| Mississippi | Expungement | 5 years |
| Missouri | Expungement | 10 years |
| Montana | Expungement | 5 years |
| Nebraska | Not available | Not applicable |
| Nevada | Record sealing | 7 years |
| New Hampshire | Annulment | 10 years |
| New Jersey | Not available | Not applicable |
| New Mexico | Not available | Not applicable |
| New York | Not available | Not applicable |
| North Carolina | Not available | Not applicable |
| North Dakota | Record sealing | 7 years |
| Ohio | Not available | Not applicable |
| Oklahoma | Expungement after a deferred sentence | 10 years |
| Oregon | Not available | Not applicable |
| Pennsylvania | Limited-access sealing | 10 years |
| Rhode Island | Expungement | 5 years |
| South Carolina | Not available | Not applicable |
| South Dakota | Not confirmed in our data | Not confirmed |
| Tennessee | Not available | Not applicable |
| Texas | Not available | Not applicable |
| Utah | Expungement | 10 years |
| Vermont | Record sealing | 10 years |
| Virginia | Not available | Not applicable |
| Washington | Not available | Not applicable |
| West Virginia | Not available | Not applicable |
| Wisconsin | Not available | Not applicable |
| Wyoming | Not confirmed in our data | Not confirmed |
"Not available" means our data shows no expungement, sealing, or similar order for a DUI conviction in that state. A few of those states have a narrower remedy, described under the state details below. "Not confirmed" means we could not confirm the state's rule from a primary source, so we do not say either way.
The waiting period can start from different dates, so read the next sections before you count. In California, the 1-year figure is for a case with no probation; with probation, relief follows its completion.
How to Get a DUI Expunged
The steps differ by state, and our data does not record each state's forms or filing rules. In general terms, the path looks like this in the states that offer relief:
- Check that your case qualifies. The conditions our research records include a first offense (for example, Michigan, Missouri, Louisiana, and Vermont), a misdemeanor rather than a felony (for example, Indiana, Minnesota, Nevada, and Utah), and a clean record during the wait (North Dakota requires no intervening convictions, and Montana and Pennsylvania require a clean period). Mississippi also requires that the BAC was under 0.16 and that you did not refuse testing.
- Wait out the waiting period, counting from the date your state uses.
- Ask for relief. This is usually a petition filed with the court that handled the case. In Connecticut, the path runs through an absolute pardon.
- A decision is made. A court decides, or in Connecticut, the body that grants the pardon. This guide cannot tell you what the decision will be.
The court clerk where your case was handled can tell you which form to use, what it costs, and whether you can file on your own.
If your case ended without an ordinary conviction, a different path may apply. Maryland allows a DUI that ended in probation before judgment, which is not a conviction, to be expunged. In Pennsylvania, a case that went through ARD with no conviction can be expunged. In West Virginia, a first, non-aggravated DUI that goes through the DUI Deferral Program can be dismissed and later expunged.
When Can a DUI Be Expunged?
Waiting periods in our data run from none (Arizona's set-aside, once the sentence is complete) to 15 years (Maryland, for a probation before judgment). The table above gives each state's figure.
The clock starts at different points depending on the state. California's relief follows the completion of probation. Kansas, Montana, and Vermont count from the completion of the sentence. New Hampshire counts from the date of conviction, and Maryland from discharge. North Dakota requires 7 years with no intervening convictions. Confirm the trigger date with the court before you file.
Once you are eligible, filing sooner means the relief can start helping you sooner.
How Much Does It Cost to Get a DUI Expunged?
The cost of clearing a DUI from your record is made of up to three parts:
- The court's filing fee for the petition. The state or the court sets it, and the clerk can tell you the current amount.
- Smaller costs such as record requests, notarization, and certified mail. Ask the clerk whether your state charges any other fee, such as for a background check or fingerprints.
- An attorney's fee, only if you choose to hire one to prepare and file the petition.
Our Expungement Cost Calculator shows our estimate of the filing and court costs for each state where relief is available, plus our own estimate for the smaller costs. These are our estimates, not fee schedules published by the states, and we have not yet verified them from primary sources, so this guide does not quote them. For Minnesota, Nevada, New Hampshire, and North Dakota, our data holds no cost figure, and the calculator says so instead of showing a number.
The calculator does not include attorney fees, and this guide does not quote a range for them, because we hold no sourced figure for what attorneys charge for expungement.
Expungement vs. Sealing: What Relief Actually Does
"Expungement" is often used as a general name for court relief that limits who can see a conviction record, but states use different names and mechanisms. In general, sealing limits who can see a record that still exists, and expungement is the name states tend to use for the fullest relief they offer. The name alone does not settle what the relief does:
- Vermont allows sealing of a first-offense DUI, not full expungement.
- New Hampshire's annulment sequesters the record.
- Arizona has no true expungement. Its set-aside and record sealing do not erase a DUI as a prior for a later charge.
- Pennsylvania offers limited-access sealing under its Clean Slate law, not ordinary expungement of a DUI conviction.
What relief does not necessarily do: it may not stop law enforcement, courts, licensing boards, or federal agencies from seeing the record, and it may not stop the DUI from counting as a prior if you are arrested again. Before you rely on relief for a job application, a license application, or a security clearance, check what your state's law says it covers.
Court Record vs. Driving Record
This guide covers the criminal court record. Your driving record is kept by your state's motor vehicle agency, and it follows separate rules that vary by state. Do not assume that expungement or sealing changes it. Ask your state's motor vehicle agency what happens to your driving record after relief is granted.
Is There Automatic Expungement for a DUI?
Our data does not show automatic expungement for a DUI in any state. It records whether a state offers relief and how long the wait is, not whether the relief happens without a filing. Some states have passed laws called Clean Slate (Michigan's and Pennsylvania's are named in this guide), but this guide does not say those laws clear a DUI on their own. Check with the court where your case was handled whether you need to file.
States Where DUI Expungement Is Available
These are the 21 states where our data shows some form of relief for a DUI, with what our research found about each.
California allows relief under Penal Code 1203.4 after you complete probation, or after 1 year under Penal Code 1203.4a where there was no probation.
Indiana allows expungement of a misdemeanor OWI after 5 years under IC 35-38-9.
Michigan allows a first OWI to be sealed after 5 years under its Clean Slate legislation (HB 4219 and 4220, 2021).
Missouri allows expungement of a first DWI after 10 years under RSMo 610.130.
Kansas allows expungement of a first misdemeanor DUI 5 years after the sentence is complete.
Kentucky allows expungement of a first misdemeanor DUI after 10 years.
Louisiana allows expungement of a first DWI after a 5-year wait under Code of Criminal Procedure articles 977 and 978.
Mississippi allows one expunction of a first offense after 5 years, if the BAC was under 0.16 and you did not refuse testing.
Montana allows expungement of a misdemeanor, including DUI, under MCA 46-18-1104 after 5 clean years following completion of the sentence.
Connecticut allows relief through an absolute pardon or erasure about 3 years after a misdemeanor.
Utah allows expungement of a misdemeanor DUI after 10 years. A felony DUI is not eligible.
Vermont allows sealing (not full expungement) of a single first-offense DUI 10 years after the sentence is complete.
Arizona has no true expungement, but allows a "set-aside" under A.R.S. 13-905 once the sentence is complete, and record sealing under A.R.S. 13-911. Neither erases the DUI as a prior for a later charge.
Pennsylvania does not offer ordinary expungement of a DUI conviction. Its Clean Slate law allows limited-access sealing of a misdemeanor after 10 years with a clean record, and a felony DUI is excluded.
Minnesota allows sealing of a misdemeanor DWI after 2 years, and of a gross misdemeanor after 4 years, under Minn. Stat. 609A.02. A felony DWI is not eligible.
Nevada allows sealing of a first or second misdemeanor DUI after 7 years under NRS 179.245.
New Hampshire allows a DWI conviction to be annulled 10 years after the date of conviction under RSA 265-A:21.
North Dakota allows a DUI conviction to be sealed after 7 years with no intervening convictions under NDCC 39-08-01.6.
Oklahoma allows expungement of a DUI that received a deferred sentence, after 10 years.
Rhode Island allows expungement of a first-offense misdemeanor DUI after 5 years through its first-offender path under R.I.G.L. 12-1.3-2.
Maryland allows a DUI that ended in probation before judgment to be expunged 15 years after discharge.
States Where DUI Expungement Is Not Available
In these 26 states, our research found that a DUI conviction cannot be expunged. A few offer a narrower remedy, noted below. Some states may offer other relief that our research has not verified, so ask an attorney about sealing or similar options even where expungement is not available.
Alabama - A DUI conviction cannot be expunged.
Alaska - Alaska has no expungement of criminal convictions.
Colorado - A DUI conviction cannot be expunged or sealed.
Delaware - DUI is on the list of offenses that cannot be expunged.
Florida - A DUI conviction cannot be sealed or expunged.
Georgia - A DUI conviction cannot be restricted or expunged.
Hawaii - Hawaii expunges only arrests that did not lead to a conviction. An OVUII conviction cannot be expunged.
Idaho - A DUI conviction cannot be expunged. Our research notes relief only for dismissals and withheld judgments.
Illinois - A DUI conviction cannot be expunged or sealed.
Iowa - An OWI conviction cannot be expunged (Iowa Code 901C.3 excludes it), with a narrow exception for a deferred judgment.
Maine - Maine has no general expungement of adult convictions.
Massachusetts - An OUI is excluded from time-based expungement.
Nebraska - A DUI conviction cannot be expunged or sealed. Nebraska has a set-aside, but it does not erase the conviction.
New Jersey - DWI is a traffic offense, not a criminal conviction, and therefore not eligible for expungement.
New Mexico - The 2019 Expungement Act excludes DWI convictions.
New York - A DWI conviction cannot be expunged.
North Carolina - A DWI cannot be expunged (G.S. 20-4.01(24a), since December 1, 2015).
Ohio - ORC 2953.36 bars sealing or expungement of an OVI.
Oregon - DUII convictions cannot be expunged.
South Carolina - A DUI conviction cannot be expunged.
Tennessee - DUI convictions cannot be expunged.
Texas - A DWI conviction cannot be expunged. Since 2017 (HB 3016), some first-offense DWIs can receive an order of nondisclosure, which seals the record, in limited circumstances.
Virginia - DUI convictions cannot be expunged.
Washington - RCW 9.96.060 excludes DUI convictions from vacation.
West Virginia - A DUI conviction cannot be expunged. A first, non-aggravated DUI that goes through the DUI Deferral Program, a diversion before conviction, can be dismissed and later expunged.
Wisconsin - OWI convictions cannot be expunged.
In 3 states, we have not confirmed the rule from a primary source, so the table says "Not confirmed":
Arkansas - Sealing of a first DWI may be available under A.C.A. 16-90-1406, but we could not confirm the rule for a first offense.
South Dakota - South Dakota expunges arrests and dismissed or deferred cases. A standard DUI conviction appears not to qualify, but we have not found a direct citation.
Wyoming - Wyoming has a misdemeanor expungement statute (W.S. 7-13-1401), but we have not confirmed whether a DWUI qualifies.
Expungement and Future DUI Arrests
Do not assume that relief stops a DUI from counting as a prior offense. Whether it does depends on the state's law. Arizona's set-aside, for example, does not erase a DUI as a prior for a later charge.
If you are arrested again after relief has been granted, tell your attorney about the earlier case and the relief, so they can check how your state treats it.
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
Can a DUI be expunged?
In some states, under conditions, but in most states a DUI conviction cannot be expunged. Our state data shows some form of relief for a DUI in 21 states. In the other 29 it shows none: 26 states do not allow it, and for 3 (Arkansas, South Dakota, and Wyoming) we have not confirmed the rule from a primary source. Where relief exists, it goes by different names, including expungement, sealing, a set-aside, and an annulment. Only 10 of the 21 states offer what our data records as an expungement of the conviction itself.
What states allow DUI expungement?
Our data shows some form of relief for a DUI in 21 states. Expungement, erasure, or a similar order is available in California (after probation, or after 1 year where there was no probation), Connecticut (about 3 years), Indiana (5 years), Kansas (5 years), Kentucky (10 years), Louisiana (5 years), Mississippi (5 years), Missouri (10 years), Montana (5 years), Oklahoma (10 years, for a deferred sentence), Rhode Island (5 years), and Utah (10 years). Sealing, annulment, or a set-aside is available in Arizona (set-aside, once the sentence is complete), Michigan (5 years), Minnesota (2 years), Nevada (7 years), New Hampshire (annulment, 10 years), North Dakota (7 years), Pennsylvania (limited-access sealing, 10 years), and Vermont (10 years). In Maryland, a probation before judgment can be expunged after 15 years. Florida, Illinois, Colorado, Georgia, and Washington are among the states that do not allow a DUI conviction to be expunged.
How do you get a DUI expunged or off your record?
Where your state offers relief, the general path is the same: check that your case qualifies (many states limit relief to a first offense or a misdemeanor), wait out the waiting period, then ask for relief, usually by filing a petition with the court, and the court decides. Connecticut's path runs through an absolute pardon. The forms and the exact conditions are set by each state, so the court clerk where your case was handled is the place to confirm them. In the 26 states where our data shows no relief for a DUI conviction, it cannot be expunged, though a few have a narrower remedy.
When can a DUI be expunged, and how long do you have to wait?
Waiting periods in our data run from none (Arizona's set-aside, once the sentence is complete) to 15 years (Maryland, for a probation before judgment). The clock starts at different points: California's relief follows the completion of probation, Kansas, Montana, and Vermont count from the completion of the sentence, and New Hampshire counts from the date of conviction. Confirm the trigger date for your state.
How much does it cost to get a DUI expunged?
The cost is the court's filing fee for the petition, smaller costs such as record requests, notarization, and certified mail, and an attorney's fee if you choose to hire one. Our Expungement Cost Calculator shows our estimate of the filing and court costs for your state. It is our estimate, not a fee schedule published by the state, and where we hold no figure the calculator says so instead of showing one. The court clerk in your county can tell you the current filing fee.
How much does DUI expungement cost in Michigan?
Michigan allows a first OWI to be sealed after 5 years under its Clean Slate legislation (HB 4219 and 4220, 2021). We have not verified Michigan's filing fee from a primary source, so this guide does not quote one. Our Michigan expungement calculator shows our estimate of the filing and court costs, and the court clerk can tell you the current fee. An attorney's fee, if you hire one, is in addition.
How much does DUI expungement cost in California?
California allows relief under Penal Code 1203.4 after you complete probation, or under Penal Code 1203.4a after 1 year where there was no probation. We have not verified California's filing fee from a primary source, so this guide does not quote one. Our California expungement calculator shows our estimate of the filing and court costs, and the court clerk can tell you the current fee. An attorney's fee, if you hire one, is in addition.
Which states have automatic expungement for a DUI?
Our data does not show automatic expungement for a DUI in any state. It records whether a state offers relief and how long the wait is, not whether the relief happens without a filing, so this guide does not say that any state clears a DUI on its own. Check with the court where your case was handled whether you need to file.
What does DUI expungement actually do?
It depends on the state and the kind of relief. A true expungement, a sealing order, a set-aside, and an annulment are different things, and each state's law decides who can still see the record afterward and whether the DUI still counts as a prior offense if you are arrested again. Arizona's set-aside, for example, does not erase a DUI as a prior for a later charge. Check your state's law, or ask an attorney, before you rely on relief for a job application or a future case.
What is the difference between DUI expungement and sealing?
States do not use the words the same way, so the name alone does not tell you what the relief does. In general, sealing limits who can see a record that still exists, and expungement is the name states tend to use for the fullest relief they offer. Vermont, for example, allows sealing of a first-offense DUI, not full expungement, and New Hampshire's annulment sequesters the record. Your state's law decides who can still see the record.
Does expungement remove a DUI from your driving record?
Do not assume it does. Expungement is a criminal court remedy, and whether it changes the driving record your state's motor vehicle agency keeps depends on your state. Ask your state's motor vehicle agency what happens to your driving record after relief is granted.