Clearing a DUI From Your Record in 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.

To seal convictions after the waiting period, submit the Commissioner of Probation's form, signed under penalty of perjury; if the requirements are met, the Commissioner must seal the record and notify the courts involved. To seal a dismissal or nolle prosequi, ask the court where the case was heard. For time-based expungement of offenses committed before age 21, file a petition on the Commissioner's form. The Commissioner checks eligibility, notifies the district attorney (who has 60 days to object) and forwards the petition to the court, which holds a hearing if there is an objection. For expungement of records caused by identity theft, error, fraud, or an offense that is no longer a crime, petition the court, which must find clear and convincing evidence.