Criminal records & expungement
Can a DUI Be Expunged?
Last updated June 13, 2026
Whether a DUI can be expunged depends entirely on state law — some allow it after a waiting period, others never do. Here's how DUI expungement eligibility works.
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- Sometimes — it depends entirely on the state where you were convicted.
- Some states allow DUI expungement or sealing after a waiting period and a clean record.
- Other states specifically exclude DUI/DWI from expungement, or treat a prior DUI as a 'prior' even if expunged.
- Dismissals and acquittals are generally easier to clear than convictions.
- An expungement attorney can confirm eligibility for your specific state and case.
Why the answer is 'it depends'
DUI/DWI expungement is governed by each state's statutes, and they differ sharply. A few states let you petition to expunge or seal a DUI after a set number of years with no new offenses; others categorically exclude DUI from expungement; and many treat a past DUI as a sentencing 'prior' for any future DUI even after it's cleared. There is no single national rule.
Factors that affect eligibility
- Conviction vs. dismissal/acquittal (the latter is usually easier to clear).
- Whether it was a misdemeanor or felony DUI (e.g. injury or repeat offenses).
- The waiting period your state requires after the case closed.
- Whether you completed all sentencing terms (fines, classes, probation).
- Your record since — new offenses usually disqualify you.
Your next step
Pull your own record to confirm exactly what the conviction is, then check your state's specific DUI expungement statute or ask an expungement attorney. Before you hire anyone, verify their license and disciplinary standing for free.
attorney records across 45 states are searchable on this site right now.
Source: official state bar registration rosters.
Frequently asked questions
Does expunging a DUI erase it for insurance and the DMV?
Often not entirely. Expungement addresses the criminal record, but DMV/driving records and insurance databases are separate systems with their own retention rules. A DUI can still affect your license and premiums after a criminal expungement.
How long after a DUI can I expunge it?
It depends on the state's waiting period, which can range from immediately (for a dismissal) to several years after completing the sentence. Check your state's statute or ask an attorney.
Can a felony DUI be expunged?
It's harder. Many states that allow misdemeanor DUI expungement exclude felony DUIs (those involving injury, death, or repeat offenses). Some allow a reduction to a misdemeanor first. This is very state-specific.
Related guides
- Criminal Record Expungement: Costs, Timelines & How to Check
- How Long Does It Take to Expunge a Felony?
- How Much Does Expungement Cost?
Numbers on this page are computed from official rosters — see our data sources & methodology. This guide is part of the criminal records & expungement series.
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