DUI Expungement Rules by State (2026)
Whether a DUI or DWI conviction can be expunged or sealed in each state and DC.
| State | DUI / DWI convictions |
|---|---|
| Alabama | Generally no. Conviction expungement excludes serious traffic offenses under Article 9 of Chapter 5A of Title 32, and that article includes driving under the influence (§ 32-5A-191). A DUI charge that was dismissed or ended in acquittal may still qualify under the non-conviction rules. Ala. Code §§ 15-27-1(b)(7), 32-5A-191 (Title 32, Ch. 5A, Art. 9, Serious Traffic Offenses) |
| Alaska | No. The court system states that a suspended imposition of sentence is not permitted for driving under the influence, so a DUI conviction cannot be set aside through SIS. Alaska Court System PUB-41 (Suspended Imposition of Sentence) |
| Arizona | Yes. DUI offenses are not on the list of offenses barred from sealing. The law says sealed records may still be used to enhance the sentence for a later DUI, and a person with sealed DUI records must disclose them when applying for jobs involving operating a motor vehicle, boat or airplane. A set-aside does not lift license penalties imposed by the Department of Transportation. A.R.S. §§ 13-911(B)(5), (I)(5)(f), (O); 13-905(D)(1) |
| Arkansas | Yes, in some cases. ACIC has a separate petition to seal a misdemeanor conviction for driving or boating while intoxicated; the form requires that the sentence is complete, costs, restitution and license reinstatement requirements are satisfied, and more than ten years have passed since the person's first DWI or BWI conviction. Ark. Code Ann. § 5-65-111(b)(1), (c)(1); ACIC Petition to Seal DWI/BWI (7/27/2021) |
| Colorado | No. DUI and DWAI convictions are listed among the convictions that cannot be sealed under C.R.S. § 24-72-706(2), and they are also excluded from multiple-conviction sealing. C.R.S. §§ 24-72-706(2), 42-2-1301(1)-(2); Colorado Judicial Branch sealing presentation (Feb. 2025) |
| Connecticut | Yes, in some cases. A DUI conviction under § 14-227a is erased ten years after the most recent conviction, but not if the person was convicted of another DUI within the ten years after that conviction. Erasure does not require the Department of Motor Vehicles to erase information on the driving record. Conn. Gen. Stat. § 54-142a(e)(1)(A)(ii), (e)(2)(D), (e)(6) |
| Delaware | No. Offenses under Title 21 (the motor vehicle code, which includes DUI) are not eligible for expungement, except a few listed Title 21 offenses (driving after judgment prohibited, reckless driving, and operation of a motor vehicle causing death) that may be considered for discretionary expungement. 11 Del. C. §§ 4372(f)(2), 4374(i) |
| District of Columbia | DUI, commercial-vehicle DUI and operating while impaired are excluded from automatic sealing. The motion-based sealing section does not list DUI among its exclusions, so a DUI conviction may be considered for sealing by motion after the misdemeanor waiting period if the court finds it is in the interests of justice. D.C. Code §§ 16-805(b)(15)-(17), 16-806(a)(1)(B)(ii), (a)(3) |
| Hawaii | Only the under-21 offense of operating a vehicle after consuming a measurable amount of alcohol (§ 291E-64(e)) is on the Attorney General's list of convictions a court may expunge. Adult impaired-driving (OVUII) convictions are not on that list. A DUI arrest that did not result in conviction may be expunged under the non-conviction rules. Haw. Rev. Stat. §§ 291E-64(e), 831-3.2; HCJDC Expungements page |
| Idaho | Excessive DUI (§ 18-8004C) is on the list of assaultive or violent misdemeanors that cannot be shielded. A standard misdemeanor DUI is not on that list, so it may be eligible for shielding after the five-year waiting period if the other conditions are met. Idaho Code § 67-3004(11)(b)(viii) |
| Illinois | No. The court may not seal or expunge records of supervision or conviction for DUI (Illinois Vehicle Code § 11-501). A narrow exception allows supervision for a misdemeanor violation of § 11-503(a) (reckless driving) committed before age 25, with no other DUI or reckless driving conviction, to be cleared once the person reaches 25. 20 ILCS 2630/5.2(a)(3)(A)(ii)-(iii), (b)(2)(B)(i-5) |
| Iowa | No. Convictions for operating while intoxicated (Iowa Code § 321J.2) are excluded from misdemeanor expungement, and juvenile OWI adjudications cannot be sealed. Iowa Code §§ 901C.3(2)(d), 232.150(1)(a)(4) |
| Kansas | Yes, with longer waits. A first DUI conviction or diversion (K.S.A. 8-1567) may be expunged five years after the sentence is satisfied or supervision ends; a second or later DUI requires ten years. Commercial-vehicle DUI (K.S.A. 8-2,144), including any diversion for it, cannot be expunged. The person must disclose an expunged conviction when applying for a commercial driver's license. K.S.A. 21-6614(d), (e)(18), (i)(2)(F) |
| Kentucky | Felony DUI cannot be expunged. A misdemeanor DUI falls under the misdemeanor expungement law, but a conviction cannot be expunged while it can still be used to increase the penalty for a later offense. DUI penalties count prior offenses within a 10-year period. KRS 431.073(1)(d); KRS 431.078(4)(d); KRS 189A.010(5) |
| Louisiana | DWI is not on the list of misdemeanors that cannot be expunged, so a misdemeanor DWI conviction falls under the general misdemeanor rules. If a DWI arrest was handled through pretrial diversion, the record cannot be expunged until 5 years after the arrest. Even after expungement, police, prosecutors and courts can still use the record, for example as a prior offense for a later charge. La. C.Cr.P. arts. 976(B), 977(C), 973(E) |
| Maine | Generally no. A basic OUI (operating under the influence) offense is a Class D crime, and OUI with prior offenses is a Class C or B crime. Adult sealing is limited to Class E crimes and certain older marijuana offenses. 29-A M.R.S. § 2411; 15 M.R.S. § 2261(6) |
| Maryland | DUI and DWI convictions are not on the list of expungeable convictions. A probation before judgment (PBJ) for DUI or DWI can be expunged, but not until 15 years after discharge from probation, and not if the person had another conviction (other than a minor traffic violation) or another DUI/DWI PBJ within 15 years after the PBJ. Md. Code, Crim. Proc. §§ 10-105(c)(2)(ii), (e)(4)(ii); 10-110(a) |
| Massachusetts | OUI (operating under the influence, G.L. c. 90, § 24) is not on the list of offenses excluded from sealing, so an OUI record may be sealed under the general sealing rules after the waiting period. OUI is expressly excluded from expungement. M.G.L. c. 276, §§ 100A, 100J(a)(9) |
| Michigan | Only a first operating-while-intoxicated offense can be set aside, by application, 5 or more years after the sentence ends. A person may do this only once in a lifetime. The court may consider whether the person took part in or benefited from rehabilitative or educational programs. Other OWI convictions, traffic offenses causing injury or death, and commercial-vehicle offenses cannot be set aside. OWI is not set aside automatically, and setting aside a traffic offense does not remove it from the Secretary of State driving record. MCL 780.621c(1)(d), (3)–(5); 780.621d(2) |
| Minnesota | Fourth-degree DWI (a misdemeanor) and second- and third-degree DWI (gross misdemeanors) are excluded from automatic expungement. Because the petition process covers misdemeanor and gross misdemeanor convictions without excluding DWI, these may be sealed by court petition after the 2- or 3-year waiting period, at the court's discretion. Felony DWI is not on the list of felonies eligible for sealing. Minn. Stat. §§ 609A.015 subd. 3(b)(2)–(3), 609A.02 subd. 3 |
| Mississippi | A third or later DUI (a felony) cannot be expunged. Misdemeanor expunction under § 99-19-71 does not cover traffic violations. DUI and other Implied Consent Law cases cannot use general nonadjudication; they can be nonadjudicated only under the DUI statute, § 63-11-30. Miss. Code §§ 99-19-71(1), (2)(a)(iv); 99-15-26(1)(d) |
| Missouri | Intoxication-related traffic and boating offenses cannot be expunged under the general expungement law. Instead, someone with a first intoxication-related traffic or boating offense that was a misdemeanor or ordinance violation may apply after at least 10 years, if they have had no further intoxication-related offense. The court must grant expungement if it finds no later intoxication-related offenses, no other alcohol-related enforcement contacts, and nothing pending. This is allowed only once in a lifetime and is not available to commercial driver's license holders or for commercial-vehicle DUI. RSMo §§ 610.130, 610.140(3)(8) |
| Montana | Misdemeanor DUI convictions can be included in the one-time misdemeanor expungement petition, but expungement is not presumed for a person with a DUI conviction or an offense with an enhanced penalty because of DUI. The court decides after considering the person's age at the offense, time passed, rehabilitation, likelihood of reoffending and any other relevant factor. MCA § 46-18-1108 |
| Nebraska | A DUI conviction cannot be expunged. If the DUI sentence was probation, a fine only, or community service, the person may petition to set it aside after completing it. If the sentence included jail, the petition must be denied, because motor vehicle offenses under the Nebraska Rules of the Road are excluded. Even a set-aside does not change driver's license points or commercial driver's license eligibility, and the conviction can still be used to increase the penalty for a later offense. Neb. Rev. Stat. § 29-2264(2), (3)(b)(iii), (6)(e), (6)(m)–(n) |
| Nevada | A misdemeanor DUI may be sealed 7 years after release from custody or the end of a suspended sentence. Felony DUI (third offense within the lookback period) generally cannot be sealed, except for people who received a lesser judgment because they completed the statewide sobriety and drug monitoring program. DUI causing death or substantial bodily harm, and homicide involving intoxicated driving, can never be sealed. NRS 179.245(1)(e), (6)(d)–(f), (7) |
| New Hampshire | Yes, after a longer wait. A conviction for DWI (including boat or OHRV operation under the influence) or aggravated DWI cannot be annulled until 10 years after the conviction. An annulled DWI record is kept in a permanent file that can be opened only for sentencing on a later DWI offense. RSA 265-A:21, I |
| New Mexico | No. A conviction for an offense involving driving under the influence of intoxicating liquor or drugs cannot be expunged under the conviction expungement provision. NMSA 1978, § 29-3A-5(G); Form 4-953 NMRA |
| New York | Yes. A conviction for driving while ability impaired (a traffic infraction under Vehicle and Traffic Law § 1192(1)) is sealed automatically after 3 years under the Clean Slate Act. Misdemeanor DWI is a criminal conviction and is not on the Clean Slate exclusion list, so it follows the 3-year misdemeanor rule. The court's CPL 160.59 instructions use a misdemeanor DWI conviction as an example of a conviction that can be listed for sealing. Sealing does not require Department of Motor Vehicles records to be sealed or destroyed. N.Y. Crim. Proc. Law § 160.57(1)(a)–(b), (3)(b); Unified Court System, CPL 160.59 Sealing Application |
| North Carolina | No. An offense involving impaired driving cannot be expunged under the nonviolent misdemeanor and felony expunction law. N.C. Gen. Stat. § 15A-145.5(a1) |
| North Dakota | DUI records cannot be sealed through the general chapter 12-60.1 process. A separate law says the court shall seal the criminal record of a DUI conviction if the person has no later DUI or other criminal conviction within seven years of the first violation. This does not apply to commercial drivers. Prosecutors can still use the prior offense to enhance penalties for a later DUI. N.D.C.C. § 39-08-01.6 |
| Ohio | No. Convictions under Ohio's traffic code chapters (Chapters 4506, 4507, 4510, 4511 and 4549 of the Revised Code), which include OVI (operating a vehicle impaired), cannot be sealed or expunged under the general conviction-sealing law. Dismissed OVI charges can be sealed but not expunged. Ohio Rev. Code §§ 2953.32(A)(1)(a), 2953.33(C)(1)(a) |
| Oregon | No. Convictions for state or municipal traffic offenses cannot be set aside under ORS 137.225, and Oregon defines a "traffic offense" to include offenses penalized in the vehicle code, where DUII appears. A DUII arrest or charge that was dismissed after the person completed a DUII diversion agreement also cannot be set aside. ORS 137.225(7)(a)(A), (8)(a); ORS 801.555 |
| Rhode Island | DUI (R.I. Gen. Laws § 31-27-2) and refusal to submit to a chemical test (§ 31-27-2.1) cannot be expunged under the route for people with multiple misdemeanors. The first-offender provision in § 12-1.3-2(a) does not list DUI as an excluded offense. R.I. Gen. Laws §§ 12-1.3-2(b), 12-1.3-3(b)(1)(iii) |
| South Carolina | No. DUI convictions cannot be expunged. The main expungement laws exclude offenses involving the operation of a motor vehicle. The Judicial Branch says the only traffic offense that can be expunged is a first-offense failure to stop when signaled by a law enforcement vehicle. S.C. Code Ann. §§ 22-5-910(A), 22-5-920(B)(2)(a); SC Judicial Branch FAQ |
| Tennessee | No. Driving under the influence (Tenn. Code Ann. § 55-10-401) is listed among the misdemeanors that cannot be expunged. Pre-1989 offenses that involved alcohol or drugs and a motor vehicle are also excluded. An implied-consent (test refusal) violation that was dismissed without costs can generally be expunged, except for commercial drivers. Tenn. Code Ann. §§ 40-32-107(a)(1)(D), (E), 40-32-106(a)(1)(F), (b) |
| Texas | Some DWI convictions can get an order of nondisclosure. A person convicted of DWI (Penal Code § 49.04), other than the elevated offense under § 49.04(d), with no prior record other than fine-only traffic offenses, may petition after completing the sentence. The wait is three years if the person used an ignition interlock for at least six months as a sentence condition, and five years otherwise. The order is denied if the prosecutor shows the offense caused a collision involving another person. Separate provisions cover DWI and BWI deferred adjudication and community supervision. Tex. Gov't Code §§ 411.0726, 411.0731, 411.0736 |
| Utah | Felony DUI cannot be expunged. A misdemeanor conviction under Utah Code § 41-6a-501(2) can be expunged by petition, with a 10-year waiting period. DUI-related offenses are not among the misdemeanors the Courts list as eligible for automatic clean slate expungement. Utah Code § 77-40a-303; Utah Courts Self-Help |
| Vermont | Yes, for a "qualifying DUI misdemeanor." The court must grant a petition to seal once ten years have passed since the sentence was completed, if restitution and surcharges are paid and the person does not hold a commercial driver's license or permit, unless the prosecutor shows sealing would be contrary to the interests of justice. A sealed DUI can still be used to enhance the penalty for a later DUI. Petitions to seal a DUI under 23 V.S.A. § 1201(a) cost $90, and a fee waiver is available. 13 V.S.A. §§ 7602(e), 7607(c)(4); Vermont Judiciary form 200-00130A |
| Virginia | No. Driving while intoxicated (§ 18.2-266) and related offenses such as § 18.2-266.1 are on the list of offenses that cannot be sealed by petition. Va. Code § 19.2-392.12(L)(1) |
| Washington | No. Misdemeanor DUI (RCW 46.61.502) and actual physical control (RCW 46.61.504) cannot be vacated. Neither can other offenses counted as a "prior offense" under the DUI sentencing law, if there was a later alcohol or drug violation within ten years or ten years have not yet passed since the arrest. Felony DUI and felony physical control cannot be vacated either. RCW 9.96.060(2)(d); RCW 9.94A.640(2)(g) |
| West Virginia | No. DUI convictions cannot be expunged. However, a DUI conviction that is at least five years old when the petition is filed does not prevent expungement of an unrelated felony that is otherwise eligible. Driving-under-the-influence records at the Division of Motor Vehicles are also not expunged through a non-conviction expungement order. W. Va. Code §§ 61-11-26(c)(7), 61-11-25(a) |
| Wisconsin | Expungement under § 973.015 does not reach conviction information that the Department of Transportation must keep on a person's driving record. The statutes reviewed do not separately say whether a criminal OWI conviction can be expunged from court records. Wis. Stat. § 973.015(1m)(a)1. |
| Wyoming | The misdemeanor expungement statute excludes only misdemeanors involving a firearm and certain offenses by health care providers against patients. It does not list DUI as an excluded offense, so a misdemeanor DUI appears to follow the general five-year rule. Wyo. Stat. § 7-13-1501(a) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.