How long does a DUI stay on your record?

State by state

• Alabama

  Can't be cleared

  A DUI conviction cannot be expunged in Alabama. Misdemeanor convictions and pardoned felony convictions are excluded if they are a 'serious traffic offense' under Article 9 of Chapter 5A of Title 32, and that article includes driving under the influence (Ala. Code 32-5A-191), homicide by vehicle, reckless driving and fleeing police (Ala. Code 15-27-1(b), 15-27-2(c)). Form CR-65 asks you to confirm the conviction is not a serious traffic offense. A DUI charge that ended without a conviction is treated differently: the non-conviction provisions cover misdemeanor and traffic charges that were dismissed, no-billed, nolle prossed or ended in acquittal, or were dismissed after a diversion program, and they do not list a serious-traffic exclusion (Ala. Code 15-27-1(a)). Commercial drivers face an extra bar for offenses listed in 49 C.F.R. 383.51.

  Sources: Justia, republishing the Code of Alabama · Justia, republishing the Code of Alabama · Alabama Unified Judicial System · All of Alabama's rules

• Alaska

  Can't be cleared

  A DUI conviction can't be set aside in Alaska: set-aside requires a suspended imposition of sentence, and the court system says the law prohibits an SIS for DUI (court self-help glossary). Alaska has no expungement law (DPS), and DUI convictions aren't among the cases Administrative Rule 40(a) removes from CourtView, so a DUI conviction stays on CourtView and in the state criminal history. A DUI charge that ended in acquittal or dismissal, other than a dismissal under a plea agreement in another case, comes off CourtView 60 days later (AS 22.35.030). We did not confirm whether courts use suspended entry of judgment for DUI charges.

  Sources: Alaska Court System · Alaska Department of Public Safety · Alaska Court System · All of Alaska's rules

• Arizona

  Can be cleared

  DUI convictions are not on the sealing exclusion list in A.R.S. 13-911(O), and the Arizona Judicial Branch's examples say DUI records can be sealed. The normal wait for the offense's class applies (for example, 3 years for a class 1 misdemeanor or 5 years for a class 4, 5 or 6 felony), counted from discharge, with all fines paid. Even after sealing, you must disclose a sealed DUI (A.R.S. 28-1381, 28-1382 or 28-1383) when applying for a job that involves commercial or private operation of a motor vehicle, boat or airplane, and a sealed conviction can still be used as a prior. A DUI can also be set aside under 13-905, but Department of Transportation license penalties stay in place and the set-aside conviction can still count as a prior. Marijuana expungement under 36-2862 does not cover DUI.

  Sources: Arizona State Legislature · Arizona State Legislature · Arizona Judicial Branch · All of Arizona's rules

• Arkansas

  Sometimes

  A first, second or third DWI is an unclassified misdemeanor, a fourth or fifth within 10 years of the first offense is an unclassified felony, and a sixth within 20 years is a Class B felony (Ark. Code § 5-65-111). A misdemeanor DWI or BWI cannot be sealed until the lookback periods in § 5-65-111 have passed (§ 16-90-1405(b)), and the same applies to a felony DWI under the unclassified-felony route (§ 16-90-1406(a)(2)). A sixth-offense DWI, as a Class B felony, is not sealable (§ 16-90-1408(a)(1)). No traffic offense committed in any motor vehicle while you held a commercial driver license or learner's permit can be sealed (§§ 16-90-1405(b), 16-90-1408(b)). ACIC has a separate DWI/BWI petition and order. A sealed conviction can still be used in a later criminal case and for habitual offender status (§ 16-90-1417(b)(2)).

  Sources: Justia, republishing the Arkansas Code · Justia, republishing the Arkansas Code · Justia, republishing the Arkansas Code · All of Arkansas's rules

• California

  Can be cleared

  A DUI conviction can be dismissed under Penal Code § 1203.4 once probation is completed; DUI is not on the statute's exclusion list. A misdemeanor DUI where probation was completed can also get automatic relief under § 1203.425. Dismissal does not erase the DUI for future cases: it can still be pleaded and proved as a prior conviction, so it still counts if you are charged with another DUI. It also does not undo DMV license actions, because Vehicle Code § 13555 is carved out of the release from penalties. You must still disclose it on applications for public office, state or local licenses and State Lottery contracts. A felony DUI served in county jail or state prison follows the § 1203.41 waits (1 or 2 years after the sentence).

  Sources: FindLaw, republishing the California Legislature's text · FindLaw, republishing the California Legislature's text · All of California's rules

• Colorado

  Sometimes

  DUI, DUI per se and DWAI convictions (C.R.S. § 42-4-1301(1) or (2)) are on the list of convictions that can't be sealed by the normal motion or the multiple-conviction route, so they aren't sealed automatically either (§§ 24-72-706(2)(a)(III), 24-72-709(5)(a)(III), 13-3-117). The only route is a narrow exception: a misdemeanor that is otherwise excluded may be sealed only if the district attorney consents, or if the court finds by clear and convincing evidence that your need is significant and substantial, you are no longer a threat to public safety, and public disclosure is no longer needed (§ 24-72-706(2)(b)). Neither outcome is guaranteed. The Boulder County District Attorney's Office says DUI and DWAI convictions are eligible only on this basis. It consents only when all of its criteria are met: at least 7 years since the conviction, no injury to another person, a blood or breath test below 0.2, no other misdemeanor or felony charges in the case, completed substance treatment, no misdemeanor or felony convictions since, no more than one DUI or DWAI conviction, an updated driving history, and no current commercial driver's license. Other district attorneys may use different criteria. This exception covers misdemeanors and petty offenses only, so felony DUI isn't covered. A DUI case that ended in dismissal or acquittal falls under the non-conviction rules (§ 24-72-705). We did not confirm how sealing affects Division of Motor Vehicles driving records.

  Sources: Colorado Office of Legislative Legal Services · Colorado Office of Legislative Legal Services · Boulder County District Attorney's Office (20th Judicial District) · All of Colorado's rules

• Connecticut

  Sometimes

  Yes, in many cases. A DUI conviction under § 14-227a is erased automatically under Clean Slate 10 years after the person's most recent conviction, if the offense happened on or after January 1, 2000, all sentences are complete and no charge is pending (Conn. Gen. Stat. § 54-142a(e)(1)(A)(ii)); pre-2000 DUIs can be erased by petition. A DUI is not erased if the person was convicted of another DUI within the 10 years after it (§ 54-142a(e)(2)(D)). These rules took effect July 1, 2023 (P.A. 23-169 and 23-204); the Governor's office said about 28,752 DUI convictions were expected to be erased by the end of March 2024. Erasure does not require the Department of Motor Vehicles to erase the conviction from a driving record, and DMV still reports it through the Commercial Driver's License Information System where applicable (§ 54-142a(e)(6)). For a pending DUI charge, the Pretrial Impaired Driving Intervention Program (§ 54-56r) can lead to dismissal and erasure, but DMV keeps a record of participation on the driving record for 10 years. The program isn't open to people who used it or the older alcohol education program in the last 10 years, have a prior DUI conviction, held a commercial license, or caused serious physical injury (unless good cause is shown). Accelerated Rehabilitation is not available for DUI (§ 54-56e(c)). An absolute pardon can also erase a DUI.

  Sources: Connecticut General Assembly · Connecticut General Assembly · Connecticut General Assembly · All of Connecticut's rules

• Delaware

  Can't be cleared

  A DUI conviction can't be expunged through Delaware's usual routes: offenses under Title 21 (the motor vehicle code) are not eligible, and records of 'any charge under Title 21' may not be expunged except driving after judgment prohibited, reckless driving and operating a motor vehicle causing death, which a court may expunge at its discretion (11 Del. C. §§ 4372(f)(2), 4374(i)). In a 2026 order, the Delaware Supreme Court held a DUI conviction ineligible on that basis (Gieck v. State). Because mandatory and automatic expungement require every charge in the case to be eligible, a DUI conviction in a case blocks mandatory expungement of the other charges in it. A Title 21 conviction in a different case doesn't count against eligibility (§ 4372(h)). After an unconditional pardon, other pardoned convictions in the same case can still be expunged (Cornette v. State, 2026; Gieck). Cornette also said the Title 21 bars don't apply to pardon-based expungement under § 4375; whether a pardoned DUI conviction itself can be expunged that way was not at issue in either case. On its face, the 'any charge' bar in § 4374(i)(1) also reaches a DUI charge that was dismissed; we found no official guidance on that. Senate Bill 124 (2025), which would make clear that Title 21 charges don't bar expungement of other charges in a case, was reported out of committee in May 2025 but has not passed.

  Sources: Delaware Code Online (Delaware General Assembly) · Delaware Supreme Court · Delaware Supreme Court · All of Delaware's rules

• District of Columbia

  Sometimes

  DUI, commercial-vehicle DUI and operating while impaired are excluded from automatic sealing (D.C. Code § 16-805(b)(15)-(17)), but they can be sealed by motion. A DUI arrest or charge that didn't end in conviction can be sealed by motion at any time (§ 16-806(a)(1)(B)(ii)). D.C. DUI penalties top out at 180 days for a first offense and 1 year with prior offenses (§ 50-2206.13), which is misdemeanor-level, so a DUI conviction would follow the misdemeanor rule: a motion once 5 years have passed since the sentence ended, if sealing is in the interests of justice (§ 16-806(a)(3)). We did not confirm how sealing affects D.C. DMV driving records.

  Sources: Council of the District of Columbia (D.C. Law Library) · Council of the District of Columbia (D.C. Law Library) · Council of the District of Columbia (D.C. Law Library) · All of District of Columbia's rules

• Florida

  Can't be cleared

  A DUI conviction cannot be sealed or expunged. Florida law forbids courts to suspend, defer or withhold adjudication of guilt for DUI (Fla. Stat. § 316.656(1)), and both sealing and expunction require that you were not adjudicated guilty. A DUI adjudication also blocks you from sealing or expunging any other Florida record, because both remedies require that you have never been adjudicated guilty of a criminal offense in Florida (§§ 943.059(1), 943.0585(1); FDLE FAQ). A DUI arrest that ended with no charges, a dismissal or an acquittal can be expunged by court order, and if it was not a forcible felony it is generally sealed automatically by FDLE (§ 943.0595). If a DUI charge ended in a plea to a different offense with adjudication withheld, that record may be sealable if the offense is not on the § 943.0584 list and you meet the other rules. DUI can also appear in driving records kept by the Department of Highway Safety and Motor Vehicles (FDLE FAQ).

  Sources: Florida Legislature · Florida Department of Law Enforcement · Florida Legislature · All of Florida's rules

• Georgia

  Sometimes

  Not through the usual misdemeanor petition: 'any serious traffic offense' under O.C.G.A. Title 40, Chapter 6, Article 15, which includes DUI (40-6-391), is excluded from misdemeanor conviction restriction. The route the statute leaves open is a pardon: you can apply to the State Board of Pardons and Paroles 5 years after completing all sentences, and a pardoned conviction can then be restricted by petition unless it is a serious violent felony or sexual offense. We found no official page applying that route to DUI specifically, and a pardon is discretionary. A DUI arrest that ended in dismissal, nolle prosequi or acquittal can generally be restricted like other non-convictions, unless it was dropped as part of a plea to another charge from the same incident.

  Sources: Office of the Governor of Georgia · Georgia State Board of Pardons and Paroles · All of Georgia's rules

• Hawaii

  Sometimes

  Adult OVUII (operating a vehicle under the influence of an intoxicant) convictions can't be expunged: we found no statute that allows it, and the Data Center's list of convictions that can be expunged doesn't include OVUII. OVUII is also sentenced 'without possibility of probation or suspension of sentence' (§ 291E-61(b)), which makes it nonprobationable and so ineligible for a deferred acceptance of guilty or no contest plea (§ 853-4(a)(5)). Habitual OVUII is listed separately as ineligible (§ 853-4(a)(13)(CC)). The narrow exception is the separate under-21 offense of driving with a measurable amount of alcohol (§ 291E-64): a first violation can be expunged by court order once the person is 21, if the sentence is complete and there were no later alcohol or drug contacts, except for commercial license or permit holders (§ 291E-64(e)). An OVUII arrest that ended without a conviction for a crime can be expunged through the Data Center (§ 831-3.2). We did not confirm how expungement affects the driver's license record (traffic abstract) or administrative license revocation records.

  Sources: Hawaii State Legislature · Hawaii State Legislature · Hawaii State Legislature · All of Hawaii's rules

• Idaho

  Sometimes

  A misdemeanor DUI under Idaho Code § 18-8004 is not on the Clean Slate Act's list of excluded misdemeanors, so it can be shielded from public view once in a lifetime, 5 years after the sentence (including probation, fines and restitution) is finished, if you have no new conviction, pending case or restraining order and the judge finds you have been held accountable and that shielding would not compromise public safety or victims' safety (§ 67-3004(11)). Excessive DUI (alcohol concentration of 0.20 or more, § 18-8004C) and misdemeanor vehicular manslaughter are excluded, and felony DUIs are not eligible because the only felonies covered are drug possession offenses. A DUI with a withheld judgment can be dismissed under § 19-2604(1) after probation without a violation, but it still counts as a prior offense for 10 years 'notwithstanding the form of the judgment(s) or withheld judgment(s)' (§ 18-8005), and a later felony DUI conviction can lead to revocation of shielding (§ 67-3004(11)(g)). We did not confirm how shielding affects Idaho Transportation Department driving records or commercial driver's licenses.

  Sources: Idaho State Legislature · Idaho State Legislature · Idaho State Legislature · All of Idaho's rules

• Illinois

  Can't be cleared

  No. A DUI conviction (625 ILCS 5/11-501) can't be sealed, and DUI court supervision can't be expunged or sealed, even after it is completed. The Clean Slate Act keeps DUI excluded and doesn't automatically seal DUI charges even when dismissed. A DUI arrest or charge that ended in dismissal or acquittal (no conviction or supervision) can be expunged by petition. Reckless driving is also excluded from sealing unless you were under 25 at the time and have no other DUI or reckless driving convictions. Aggravated DUI also bars a Certificate of Good Conduct. The only conviction route in the court instructions is a Governor's pardon that authorizes expungement.

  Sources: Illinois Supreme Court Commission on Access to Justice (statewide approved forms) · Illinois Legal Aid Online · Illinois Legal Aid Online · All of Illinois's rules

• Indiana

  Can be cleared

  Indiana's expungement chapter does not list OWI (operating a vehicle while intoxicated) as an excluded offense, so OWI convictions follow the general rules. OWI is a Class C misdemeanor, or a Class A misdemeanor if it endangers a person (IC 9-30-5-2), so a misdemeanor OWI can be expunged 5 years after conviction if you have no conviction in the previous 5 years, no pending charges, and all fines, fees, costs and restitution are paid; the court must then grant it (IC 35-38-9-2). A felony OWI follows the felony rules: a Level 6 felony that did not cause bodily injury uses the 8-year route (IC 35-38-9-3); a felony that caused bodily injury may qualify under IC 35-38-9-4; one that caused serious bodily injury needs the prosecutor's consent (IC 35-38-9-5); and a felony that resulted in a death cannot be expunged (IC 35-38-9-4(b), 35-38-9-5(b)). If you held a commercial driver's license or commercial learner's permit at the time and the conviction is a violation described in 49 CFR 384.226, the court may not order the BMV to seal or expunge it (IC 35-38-9-0.6(d), amended by S.E.A. 281 effective July 1, 2025). Expungement does not affect an existing or pending license suspension (IC 35-38-9-6(b), 35-38-9-7(b)). Because of the one-petition rule, include an OWI with all your other convictions.

  Sources: Justia, republishing the Indiana Code · Justia, republishing the Indiana Code · Justia, republishing the Indiana Code · All of Indiana's rules

• Iowa

  Sometimes

  An OWI conviction (Iowa Code § 321J.2) can't be expunged: it is excluded from the one-time misdemeanor expungement, and so are driving while suspended, revoked or barred under §§ 321.218, 321A.32 and 321J.21 (§ 901C.3(2)). An OWI that ended in a completed deferred judgment is expunged from the public court record under § 907.9, but it still counts as a prior offense for any later OWI (§ 321J.2(8)(b)) and stays on the confidential deferred judgment docket (§ 907.4). A deferred judgment isn't available for OWI if the person has an OWI conviction or a chapter 321J license revocation and any of these apply: an alcohol concentration over .15, a prior OWI conviction or deferred judgment, a refused test, bodily injury to another person, or a violation of § 321.279(2) at the same time (§§ 907.3(1)(a)(6), 321J.2). An OWI charge that was dismissed or ended in acquittal can be expunged under § 901C.2. We did not confirm how expungement affects Iowa Department of Transportation driving records.

  Sources: Iowa Legislature · Iowa Legislature · Iowa Legislature · All of Iowa's rules

• Kansas

  Sometimes

  Most DUI convictions and diversions can be expunged: a first DUI under K.S.A. 8-1567 (including a diversion) 5 years after the sentence or diversion was completed, and a second or later DUI after 10 years (K.S.A. 21-6614(d)). The 10-year rule doesn't apply to violations committed from July 1, 2014 through June 30, 2015 (§ 21-6614(d)(2)). DUI-related offenses on the 5-year list include vehicular homicide and any felony in which a motor vehicle was used (§ 21-6614(c)). Driving a commercial motor vehicle under the influence (K.S.A. 8-2,144) can never be expunged, including a diversion for it, and neither can involuntary manslaughter (§ 21-6614(e)). An expunged record must still be disclosed on an application for a commercial driver's license (§ 21-6614(i)(2)(F)). City DUI cases follow the same 5- and 10-year waits in municipal court, without the 2014-2015 exception, and a city violation equal to commercial-vehicle DUI can't be expunged (K.S.A. 12-4516(e), (f)). We did not confirm how expungement affects Kansas driving records.

  Sources: Kansas Legislature · Kansas Office of Revisor of Statutes · Kansas Office of Revisor of Statutes · All of Kansas's rules

• Kentucky

  Sometimes

  A misdemeanor DUI conviction can be expunged under KRS 431.078, but only once the 10-year DUI enhancement period has run, in addition to the usual 5-year wait after the sentence and 5 years with no new conviction (KRS 431.078(4)(d); KRS 189A.010(5); DPA). The DPA cites Commonwealth v. Jackson (Ky. 2017), which applied the longer 10-year look-back period to expungement. Felony DUI is excluded from the general Class D felony route and is not on the list of eligible felonies (KRS 431.073(1)), so it can be expunged only after a full pardon. A DUI charge that was dismissed or ended in acquittal can be expunged under KRS 431.076. The statute keeps only traffic infractions that aren't misdemeanors out of automatic expungement, but the AOC says its automatic process excludes traffic cases, so if a dismissed or acquitted DUI wasn't cleared automatically, file form AOC-497.2 (no fee) 60 days or more after the dismissal or acquittal. We did not confirm how expungement affects Transportation Cabinet driving records.

  Sources: Kentucky General Assembly (Legislative Research Commission) · Kentucky General Assembly (Legislative Research Commission) · Kentucky General Assembly (Legislative Research Commission) · All of Kentucky's rules

• Louisiana

  Can be cleared

  A DWI (R.S. 14:98, now titled operating a vehicle while impaired) can be expunged under the general rules, with extra steps. A first or second offense is usually a misdemeanor: the jail term is up to 6 months with no hard labor (R.S. 14:98.1(A)(1), 14:98.2(A)(1)), and art. 894(A)(3) calls a second offense a misdemeanor. A second offense can be punished with hard labor, and so is a felony, when the earlier offense was vehicular homicide, third degree feticide or first degree vehicular negligent injuring (R.S. 14:98.2(D)). A misdemeanor DWI can be expunged right after a set-aside under art. 894(B), or more than 5 years after the sentence ends with no felony conviction in that time (art. 977). A third offense is punished by 1 to 5 years with or without hard labor (R.S. 14:98.3(A)(1)), which makes it a felony (R.S. 14:2(A)(4)), so it follows the 10-year felony rule (art. 978); crimes of violence under R.S. 14:2(B) are excluded. A DWI arrest sent to pretrial diversion can be expunged 5 years after the arrest (art. 976(B)). You must attach a certified letter from the Office of Motor Vehicles and pay an extra $50 court cost (art. 984). A DWI set-aside under art. 894 is allowed only once in 10 years (art. 894(B)(2)). An expunged or set-aside DWI can still count as a prior offense (arts. 894(B)(2), 973(E)). For sentencing a new DWI, R.S. 14:98(C)(3) does not count a prior offense committed more than 10 years before, but time spent awaiting trial, on probation or parole for a DWI-type offense, or incarcerated is excluded when counting those 10 years, so the lookback can reach further back. We did not confirm how commercial driver's license records are affected.

  Sources: Louisiana State Legislature · Louisiana State Legislature · Louisiana State Legislature · All of Louisiana's rules

• Maine

  Can't be cleared

  In almost all cases, no. OUI (operating under the influence) is a Class D crime, or a higher class for some repeat and aggravated offenses (29-A M.R.S. § 2411(5)), and the general sealing law covers only Class E crimes and certain old marijuana crimes (15 M.R.S. § 2261(6)). The Governor's Board on Executive Clemency says it will not hear pardon petitions for OUI, though it may waive its guidelines in exceptional cases. The only exception we found is the route for survivors of sex trafficking or sexual exploitation, which covers any crime that was a substantial result of the trafficking or exploitation (§ 2262-B). Separately, traffic-crime records the Secretary of State keeps for licensing are outside the criminal records law (16 M.R.S. § 708(6)), and the Secretary of State may still see sealed records (15 M.R.S. § 2265(3)).

  Sources: Maine Legislature, Office of the Revisor of Statutes · Maine Legislature, Office of the Revisor of Statutes · Maine Legislature, Office of the Revisor of Statutes · All of Maine's rules

• Maryland

  Sometimes

  A DUI or DWI conviction (Transportation § 21-902) can't be expunged: it isn't on the § 10-110 list, and the Expungement Reform Act of 2025 didn't add it. It can't be shielded either. A probation before judgment (PBJ) for alcohol-related DUI or DWI (§ 21-902(a) or (b)) can be expunged 15 years after you are discharged from probation, but only if within 15 years after the PBJ you weren't convicted of a crime other than a minor traffic violation and didn't get another PBJ for a § 21-902 violation. A PBJ for drug-impaired driving charges under § 21-902(c), (d), (h) or (i), or for vehicle homicide or life-threatening injury offenses (Criminal Law Title 2, Subtitle 5 or § 3-211), can't be expunged. DUI charges that ended in acquittal, dismissal or nolle prosequi can be expunged like other non-convictions.

  Sources: Maryland General Assembly · Maryland General Assembly · Maryland People's Law Library (Maryland Thurgood Marshall State Law Library) · All of Maryland's rules

• Massachusetts

  Sometimes

  An OUI (operating under the influence) conviction can be sealed by mail, but it is excluded from time-based expungement; only the non-time-based route for identity theft, errors or fraud (§ 100K) could expunge one. OUI is not on the list of convictions that can never be sealed (G.L. c. 276, § 100A), so a first or second OUI, which carries up to 2.5 years in a house of correction and is a misdemeanor, can be sealed after 3 years, and a third or later OUI, which can carry a state prison sentence and is a felony, after 7 years (G.L. c. 90, § 24; § 100A). An OUI that was continued without a finding and dismissed can be sealed in court or by mail. OUI is excluded from time-based expungement (§ 100J(9)) and from the Governor's 2024 marijuana pardon. Sealing has limits for OUI: sealed records can still be used to impose sentence in a later criminal case (§ 100A), criminal justice agencies keep access (§ 100D), and the OUI law counts earlier convictions and assignments to an alcohol or drug education program from any jurisdiction when setting penalties for a repeat offense (G.L. c. 90, § 24). We did not confirm how sealing affects Registry of Motor Vehicles driving records.

  Sources: General Court of Massachusetts · General Court of Massachusetts · General Court of Massachusetts · All of Massachusetts's rules

• Michigan

  Sometimes

  A first-offense OWI (operating while intoxicated) conviction can be set aside, but only by application and only once in your lifetime. It is never set aside automatically (MCL 780.621c(3)). The wait is 5 years from the latest of sentencing, completion of probation, discharge from parole or completion of imprisonment (MCL 780.621d(2)). The judge may consider whether you took part in and benefited from rehabilitative or educational programs, and may deny the application if not convinced (MCL 780.621c(4)). A second or later OWI cannot be set aside. Neither can a traffic offense by a commercial license holder while driving a commercial vehicle, or any traffic offense that caused injury or death (MCL 780.621c(1)(d)). A set-aside OWI is not removed from your Secretary of State driving record (MCL 780.621c(5); Michigan Legal Help). These OWI rules took effect February 19, 2022 (2021 PA 79).

  Sources: Justia, republishing the Michigan Compiled Laws · Justia, republishing the Michigan Compiled Laws · Michigan Legal Help · All of Michigan's rules

• Minnesota

  Sometimes

  DWI convictions are excluded from automatic Clean Slate sealing: fourth-degree (misdemeanor) DWI and second- and third-degree (gross misdemeanor) DWI are on the exclusion lists, as are reckless driving causing great bodily harm or death and gross misdemeanor criminal vehicular operation (Minn. Stat. § 609A.015, subd. 3(b)). Misdemeanor and gross misdemeanor DWI convictions can still be sealed by petition, because § 609A.02 allows a petition for any misdemeanor after 2 years and any gross misdemeanor after 3 years since discharge with no new conviction; the judge decides using the clear-and-convincing-evidence standard. First-degree DWI is a felony (§ 169A.24) and is not on the list of felonies that can be expunged (§ 609A.02, subd. 3(b)). A full petition is still possible if the sentence imposed was within misdemeanor or gross misdemeanor limits, or if the conviction was later deemed a misdemeanor because imposition of the prison sentence was stayed and you were discharged from probation without a prison sentence (5 years after discharge) (§§ 609A.02, subd. 3(a)(3)-(4), (7); 609.13, subd. 1); otherwise only the court's own records could be sealed, at the judge's discretion. The Judicial Branch notes that driving records are kept by Driver and Vehicle Services, and a court may not be able to order them expunged. An expunged record can still be used in a later prosecution.

  Sources: Minnesota Office of the Revisor of Statutes · Minnesota Office of the Revisor of Statutes · Minnesota Office of the Revisor of Statutes · All of Minnesota's rules

• Mississippi

  Sometimes

  A first-offense DUI conviction can be expunged once, 5 years after you complete the sentence, by petition to the circuit court of the county of conviction. You must not have held a commercial driver's license or permit, must not have refused a blood or breath test, must have tested below .16% (if tested), must have no other DUI conviction or pending charge and no prior DUI nonadjudication or expunction, and must give the court a justification (Miss. Code Ann. § 63-11-30(13)). Instead of a conviction, a first DUI can also be nonadjudicated once, but not for commercial license holders or anyone with a prior or pending DUI charge; the case goes into a permanent confidential registry kept by the Department of Public Safety (§ 63-11-30(14)). DUI cannot be handled under the general nonadjudication law (§ 99-15-26(1)(d)) or expunged through intervention court (§ 9-23-23). The general misdemeanor expunction law excludes traffic violations (§ 99-19-71(1)). A third or later DUI felony cannot be expunged, and aggravated DUI that negligently causes a death or a serious, permanent injury (§ 63-11-30(5)) and DUI while carrying a child under 16 that seriously injures or kills the child (§ 63-11-30(12)(d)) are crimes of violence that are excluded from felony expunction (§§ 99-19-71(2)(a), 97-3-2(1)(a)). A July 15, 2026 Attorney General opinion, citing a 2020 opinion, says a first-offense DUI conviction must be expunged in circuit court, but a municipal court can expunge a first-offense DUI charge that it nonadjudicated.

  Sources: Mississippi Legislature · Mississippi Legislature · Mississippi Legislature · All of Mississippi's rules

• Missouri

  Sometimes

  Intoxication-related traffic and boating offenses are excluded from regular expungement (RSMo 610.140.3(8)), and so is any traffic violation by a commercial driver's license holder. The one exception is RSMo 610.130: a first intoxication-related driving or boating offense that was a misdemeanor or ordinance violation can be expunged once, after 10 years, if you have had no later alcohol-related offenses or enforcement contacts and you don't hold or need a CDL. Felony DWI and repeat offenses are not eligible. Marijuana-impaired driving is excluded from Amendment 3 expungement.

  Sources: Missouri Revisor of Statutes · Missouri Revisor of Statutes · Missouri Revisor of Statutes · All of Missouri's rules

• Montana

  Sometimes

  A misdemeanor DUI (a first, second or third offense under MCA § 61-8-1007) can be expunged under the misdemeanor expungement law, but if you have any DUI conviction, expungement is not presumed: the judge weighs your age at the time, time since the offense, rehabilitation, likelihood of reoffending and other factors (§ 46-18-1108). The same applies to any offense with a DUI-enhanced penalty. A DUI after three or more prior convictions for DUI or certain related offenses, or after a conviction for vehicular homicide or aggravated vehicular homicide while under the influence, is a felony (§ 61-8-1008) and can't be expunged under that law. DUI sentences can't be deferred (§ 61-8-1011(4)) and DUI prosecutions can't go to pretrial diversion (§ 46-16-130(4)), so the deferred-dismissal route isn't available. Earlier DUI convictions within 10 years, or all of them for a third or later offense, count when a new DUI is sentenced (§ 61-8-1011(1)(b)). That section defines a prior conviction without mentioning expungement, and no statute or official guide we read says whether an expunged DUI still counts as a prior offense. Traffic records kept by DOJ are not part of criminal history record information (§ 44-5-103(4)(b)), and we didn't confirm whether expungement changes a driving record.

  Sources: Montana Legislature (Montana Code Annotated 2025) · Montana Legislature (Montana Code Annotated 2025) · Montana Legislature (Montana Code Annotated 2025) · All of Montana's rules

• Nebraska

  Sometimes

  A DUI conviction cannot be sealed or expunged, but it can sometimes be set aside. If you were sentenced to probation or a fine only and completed it, you may petition to set aside the DUI under § 29-2264(2). If you were sentenced to jail, the § 29-2264(3) route is closed to any misdemeanor or felony motor vehicle offense, including Rules of the Road offenses such as DUI (§ 29-2264(3)(b)(iii)). A set-aside DUI still counts as a prior conviction to increase the penalty for a later offense, still affects driver's license points, and does not change commercial driver's license eligibility or obligations (§ 29-2264(6)(e), (m), (n)). The Board of Pardons does not consider DUI convictions (Nebraska Judicial Branch). A DUI charge that is dismissed or ends in acquittal is sealed like other non-convictions (§ 29-3523(3)).

  Sources: Nebraska Legislature · Nebraska Judicial Branch · Nebraska Judicial Branch · All of Nebraska's rules

• Nevada

  Sometimes

  A first or second DUI within 7 years is a misdemeanor (NRS 484C.400(1)(a)-(b)) and can be sealed by petition 7 years after release from custody or the end of a suspended sentence, whichever is later (NRS 179.245(1)(e)). A third DUI within 7 years is a category B felony (NRS 484C.400(1)(c)), and a DUI punished as a felony under that paragraph can't be sealed, unless the judgment was entered as a second offense because the person took part in the statewide sobriety and drug monitoring program (NRS 179.245(6)(d), (7)). In counting the 7 years, time spent in prison, in residential confinement, under a treatment provider's supervision, or on parole or probation is left out, and a DUI that was conditionally dismissed or set aside after a treatment program still counts as a prior offense (NRS 484C.400(2)(c), (6)). DUI causing death or substantial bodily harm (NRS 484C.430) and any DUI homicide can never be sealed (NRS 179.245(6)(e)-(f)). If a DUI charge is conditionally dismissed or a DUI conviction is set aside after a drug or alcohol, mental health or veterans treatment program, the person can petition 7 years later and the court must seal it without a hearing unless Parole and Probation objects (NRS 176A.240(8), 176A.245(2)). We did not review how sealing affects DMV driving records.

  Sources: Nevada Legislature · Nevada Legislature · Nevada Legislature · All of Nevada's rules

• New Hampshire

  Can be cleared

  DWI and aggravated DWI convictions (including impaired operation of an OHRV or boat) can be annulled, but not until 10 years after the date of conviction (RSA 265-A:21, I). The general rules also apply: the sentence must be complete, and there can be no other conviction since then except a motor vehicle violation that isn't DWI (RSA 651:5, III). An annulled DWI record is kept in a permanent file that can be opened only for sentencing in a later aggravated DWI case under RSA 265-A:3 (RSA 265-A:21, I). A DWI conviction after finishing the sentence for another offense also blocks annulment of that offense, because only non-DWI motor vehicle violations are excused (RSA 651:5, III). Causing a death while driving or boating under the influence is class A felony negligent homicide (RSA 630:3, II), which is on the violent crime list and can never be annulled (RSA 651:5, XIII(a)). We did not confirm how annulment affects the DMV driving record.

  Sources: New Hampshire General Court · New Hampshire General Court · New Hampshire General Court · All of New Hampshire's rules

• New Jersey

  Can't be cleared

  A DWI cannot be expunged. New Jersey's expungement law says 'Nothing contained in this chapter shall apply to arrests or conviction for motor vehicle offenses contained in Title 39' (N.J.S.A. 2C:52-28), and New Jersey's DWI offense is in Title 39 (N.J.S.A. 39:4-50).

  Sources: Justia, republishing the New Jersey Revised Statutes · Justia, republishing the New Jersey Revised Statutes · All of New Jersey's rules

• New Mexico

  Can't be cleared

  A DWI conviction can't be expunged: the conviction route excludes any offense involving driving under the influence of alcohol or drugs (NMSA § 29-3A-5(G)). A DWI arrest that ended without a conviction (dismissal, acquittal, diversion or conditional discharge) can be expunged after 1 year under § 29-3A-4, but DWI citations held by the Taxation and Revenue Department, such as motor vehicle records, are not arrest records under the Act and stay on file (§ 29-3A-2).

  Sources: New Mexico Supreme Court · Justia, republishing the New Mexico Compilation · New Mexico Supreme Court · All of New Mexico's rules

• New York

  Can be cleared

  DWI convictions are not on Clean Slate's exclusion list. A misdemeanor DWI is sealed automatically 3 years after sentencing or release, a felony DWI after 8 years, and a driving-while-ability-impaired infraction (VTL 1192(1)) after 3 years. DWI is also not on the CPL 160.59 exclusion list, so it can count as one of the two convictions you apply to seal after 10 years. Two big limits: Clean Slate does not seal Department of Motor Vehicles records (CPL 160.57(3)(b)), so your driving record still shows the offense, and a sealed conviction can still be used to enhance penalties for a later offense. DWAI is not covered by the immediate violation sealing in CPL 160.55.

  Sources: New York State Senate · New York State Senate · New York State Senate · All of New York's rules

• North Carolina

  Can't be cleared

  A DWI or any other impaired-driving conviction (as defined in G.S. 20-4.01(24a)) cannot be expunged under G.S. 15A-145.5(a1), no matter how long ago it was. A DWI charge that was dismissed or ended in not guilty can be expunged under G.S. 15A-146, and may be expunged automatically if the case was disposed on or after December 1, 2021. A Certificate of Relief (G.S. 15A-173.2) is available for people with only misdemeanors and up to three Class H or I felonies; it can ease some job and licensing barriers but does not remove the DWI from the record.

  Sources: North Carolina General Assembly · North Carolina General Assembly · North Carolina General Assembly · All of North Carolina's rules

• North Dakota

  Sometimes

  A first DUI conviction can be sealed under N.D.C.C. § 39-08-01.6 if you have not been convicted of another DUI or any other criminal offense within 7 years of the first violation. Commercial driver's license holders are excluded, and prosecutors keep access to the prior offense to enhance a later DUI. The court system's guides say DUI records can't be sealed under the general Chapter 12-60.1 petition and that expungement of DUI records isn't available. File a written petition in the DUI case; a hearing isn't required, but the judge may hold one.

  Sources: North Dakota Legislative Branch · North Dakota Legal Self Help Center, North Dakota Court System · North Dakota Legal Self Help Center, North Dakota Court System · All of North Dakota's rules

• Ohio

  Can't be cleared

  An OVI (Ohio's term for DUI) conviction can't be sealed or expunged: convictions under R.C. Chapters 4506, 4507, 4510, 4511 (which includes OVI) and 4549 are excluded (R.C. 2953.32(A)(1)(a); the Supreme Court of Ohio describes this as all traffic offenses, including OVI). An OVI conviction in the same case also blocks sealing of the case's dismissed charges (R.C. 2953.61). A dismissed or no-billed OVI charge can be sealed but not expunged (R.C. 2953.33(C)(1)); since September 30, 2025 the conviction exclusion list no longer applies to non-conviction records. A CQE may ease some job barriers but doesn't clear the record.

  Sources: Ohio Legislative Service Commission (Ohio Laws) · Ohio Legislative Service Commission (Ohio Laws) · Ohio Legislative Service Commission (Ohio Laws) · All of Ohio's rules

• Oklahoma

  Sometimes

  Oklahoma's expungement statute does not exclude DUI by name. A misdemeanor DUI conviction can be expunged by petition 5 years after the end of the sentence if you have no felony conviction and nothing pending (22 O.S. § 18(A)(11)), and a misdemeanor DUI dismissed after a deferred sentence after 1 year (§ 18(A)(8)). We found no official source saying whether felony DUI convictions qualify for the felony conviction routes in § 18(A)(12)-(13), so check with a lawyer or legal aid before filing. Under SB 2030, a misdemeanor conviction on an Oklahoma-only record is Clean Slate eligible after 5 years (§ 18b(A)(1)(e)). Expunged deferred and conviction records stay available to law enforcement and can be used to prove a prior offense in a later case (§ 18(D)). Your driving record (Service Oklahoma's Motor Vehicle Report) is not subject to expungement (47 O.S. § 6-117(D)). We found no official guidance applying these rules to DUI specifically.

  Sources: Oklahoma Legislature · Oklahoma Legislature · Oklahoma Legislature · All of Oklahoma's rules

• Oregon

  Can't be cleared

  A DUII (driving under the influence of intoxicants) conviction cannot be set aside in Oregon. ORS 137.225 does not apply to state or municipal traffic offenses, and OJD's instructions list traffic offense convictions as ineligible. A DUII charge that was dismissed after you completed a DUII diversion agreement under ORS 813.200 cannot be set aside either (ORS 137.225; OJD set-aside instructions). Marion County Circuit Court states that DUIIs cannot be set aside, even after diversion and dismissal. Motor vehicle violations do not count as 'other convictions' that would block setting aside a different, eligible conviction (ORS 137.225).

  Sources: public.law, republishing the Oregon Revised Statutes · Oregon Judicial Department · Marion County Circuit Court (Oregon Judicial Department) · All of Oregon's rules

• Pennsylvania

  Sometimes

  Many DUI convictions can be sealed; felony DUIs can't. A first or second DUI is usually an ungraded misdemeanor with a maximum of 6 months (75 Pa.C.S. § 3803), so it falls under Clean Slate's rule for misdemeanors punishable by 2 years or less: automatic sealing after 7 years free from conviction for any offense punishable by 1 year or more, once restitution is paid, if the person has no disqualifying record (for example, no felony conviction other than a qualifying drug offense). A third DUI under the general impairment rule is a second-degree misdemeanor, a grade that can also qualify for automatic sealing. First-degree misdemeanor DUIs (for example, with a minor in the car or a second higher-BAC or refusal offense) can be sealed only by petition after 7 years. Third-degree and second-degree felony DUIs are not on the list of felonies that can be sealed. Community Legal Services lists DUI among misdemeanors that can be sealed. DUI charges dismissed after completing ARD can be expunged; § 3807(e) bars expungement when ARD is not completed. People with a prior DUI or ARD within 10 years, an accident causing death or serious bodily injury to someone else, or a passenger under 14 aren't eligible for DUI ARD (§ 3807(a)(2)). We did not confirm how sealing or ARD expungement affects PennDOT driving records.

  Sources: Pennsylvania General Assembly · Pennsylvania General Assembly · Pennsylvania General Assembly · All of Pennsylvania's rules

• Rhode Island

  Sometimes

  A DUI conviction (R.I. Gen. Laws § 31-27-2) can be expunged only under the single-conviction route (the statute's 'first offender'), meaning it is your only conviction or probation: 5 years after completing the sentence for a misdemeanor DUI, with no arrests or convictions in those 5 years (§§ 12-1.3-2, 12-1.3-3). DUI and refusal to submit to a chemical test (§ 31-27-2.1) are excluded from the multiple-misdemeanor route and from the multiple-felony route added on June 22, 2026, and DUI resulting in death (§ 31-27-2.2) is an 'other prohibited offense' under the 2026 law (P.L. 2026, ch. 171-172). The Public Defender's guide says DUI convictions aren't eligible unless it is the person's only conviction.

  Sources: State of Rhode Island General Assembly · State of Rhode Island General Assembly · State of Rhode Island General Assembly · All of Rhode Island's rules

• South Carolina

  Can't be cleared

  A DUI conviction can't be expunged in South Carolina. The minor-offense expungement statute excludes any offense involving the operation of a motor vehicle (S.C. Code § 22-5-910(A)), the Youthful Offender Act expungement excludes motor vehicle offenses (§ 22-5-920(B)(2)(a)), and DUI isn't on any other expungement list. People charged with DUI or driving with an unlawful alcohol concentration can't enter pretrial intervention (§ 17-22-50). A minor traffic conviction that isn't related to DUI doesn't block the minor-offense, Youthful Offender, fraudulent check or failure-to-stop expungements, but a DUI-related one can (§ 17-22-940(E)). A DUI charge that was dismissed or ended in a not-guilty verdict can be expunged like any other non-conviction (§ 17-1-40). A pardon can restore rights after a DUI conviction but does not remove it from the record.

  Sources: South Carolina Legislature · South Carolina Legislature · South Carolina Legislature · All of South Carolina's rules

• South Dakota

  Sometimes

  A first DUI is a Class 1 misdemeanor (SDCL § 32-23-2). A DUI conviction can't be expunged, because expungement covers only arrests without a conviction (§ 23A-3-27), and it isn't covered by automatic public-record removal, which is limited to cases where the highest charge was a petty offense, ordinance violation or Class 2 misdemeanor (§ 23A-3-34). A DUI arrest that was dismissed in full or ended in acquittal can be expunged. A DUI conviction can be sealed through a pardon granted under Chapter 24-14; the Board of Pardons and Paroles lists first and second DUI as Class 1 misdemeanors, so a nonviolent DUI more than 10 years old may qualify for an expedited pardon. A pardoned DUI still counts as a prior DUI conviction under Chapter 32-23 (§ 24-14-11). The general suspended-imposition laws (§§ 23A-27-12.2, 23A-27-13) don't mention DUI, Chapter 32-23 doesn't mention suspended imposition, and we found no official source that says whether courts grant one for DUI. Prior DUIs within 10 years generally count toward a second or later offense (§ 32-23-4.1).

  Sources: South Dakota Legislature, Legislative Research Council · South Dakota Legislature, Legislative Research Council · South Dakota Legislature, Legislative Research Council · All of South Dakota's rules

• Tennessee

  Can't be cleared

  A DUI conviction (Tenn. Code Ann. § 55-10-401) can't be expunged: DUI is on the misdemeanor exclusion list (§ 40-32-107(a)(1)(D)), and DUI charges are not eligible for pretrial or judicial diversion, so there is no diversion expunction either (§§ 40-15-105(a)(1)(B), 40-35-313(a)(1)(B)). A DUI conviction also blocks the regular expunction of any offense committed after it, because the offense to be cleared must come before any ineligible conviction (§ 40-32-107(a)(3)(A)). Since July 1, 2026, the Recovery Court Renewal Act lets a person with only one DUI conviction expunge a later, otherwise-eligible offense that happened at least 10 years after the DUI, if they completed a certified recovery court program and the offense didn't involve a vehicle and alcohol or drugs; the DUI itself stays on the record (§ 40-32-107(e)). A DUI charge that was dismissed or ended in acquittal can be expunged for free, and a conviction for a traffic offense in the same case does not block that (§ 40-32-106(a), (b)(4)). A dismissed implied consent (refusal) violation can be expunged only if it was dismissed without costs and you weren't a commercial license holder in a motor vehicle or any driver in a commercial vehicle (§ 40-32-106(a)(1)(F), (b)(1)-(2)). A 2025 bill to allow expunging a DUI after 20 years (SB 613) was withdrawn.

  Sources: FindLaw, republishing the Tennessee Code · Tennessee Secretary of State · FindLaw, republishing the Tennessee Code · All of Tennessee's rules

• Texas

  Sometimes

  A DWI conviction or DWI deferred adjudication cannot be expunged, because expunction does not cover convictions or court-ordered community supervision (Tex. Code Crim. Proc. art. 55A.051). A DWI arrest that was dropped or dismissed without supervision may be expunged under the normal rules, but records of a driver's license suspension or revocation (for example, an administrative license suspension) are not expunged under Chapter 55A except as Transportation Code §§ 524.015 and 724.048 allow (art. 55A.152). A DWI can be sealed with an order of nondisclosure in three situations. Each one requires no other conviction or deferred adjudication (other than a fine-only traffic ticket), no collision involving another person (including a passenger), and a judge's finding that sealing is in the best interest of justice: (1) deferred adjudication for DWI or BWI, 2 years after discharge and dismissal (Tex. Gov't Code § 411.0726); (2) a DWI conviction with community supervision, 2 years after supervision ends if you used an ignition interlock for at least 6 months, otherwise 5 years (§ 411.0731); (3) a DWI conviction without community supervision, 3 years after the sentence ends with at least 6 months of interlock, otherwise 5 years (§ 411.0736). The two conviction routes exclude DWIs punished under Penal Code § 49.04(d), which applies when a test showed an alcohol concentration of 0.15 or more. DWI is excluded from the general misdemeanor nondisclosure sections (§§ 411.072, 411.0725, 411.073, 411.0735).

  Sources: Texas.Public.Law, republishing the Texas Legislature's text · Texas.Public.Law, republishing the Texas Legislature's text · Texas.Public.Law, republishing the Texas Legislature's text · All of Texas's rules

• Utah

  Sometimes

  DUI and reckless driving cases can't be expunged automatically, and DUI isn't a 'traffic offense' for court deletion (Utah Code §§ 77-40a-205(3)(f)(vi), 77-40a-101(24)(b)). Misdemeanor DUI-type convictions listed in § 41-6a-501(2) can be expunged by petition 10 years after the later of conviction or release from incarceration, parole or probation, if all other requirements are met (§ 77-40a-303(1)(c)(i)). That list includes DUI, impaired driving, driving with a measurable controlled substance, chemical test refusal, alcohol- or drug-related reckless driving before July 1, 2008, and negligently operating a vehicle resulting in injury under § 76-5-102.1 (§ 41-6a-501(2)). Felony DUI-type convictions under § 41-6a-501(2) can't be expunged (§ 77-40a-303(2)(a)(iv)). DUI cases can't be resolved with a plea in abeyance (§ 77-2a-3(8)), a pre-July 1, 2008 DUI plea in abeyance counts as a conviction for expungement, and a DUI reduced under § 76-3-402 still counts as a DUI-type conviction (§ 41-6a-501(2)). BCI's page lists the wait as '10 years - DUI/DWI/Impaired Driving'. We did not confirm how expungement affects Driver License Division records.

  Sources: Utah State Legislature · Utah State Legislature · Utah State Legislature · All of Utah's rules

• Vermont

  Sometimes

  A first or second DUI (maximum 2 years, so a misdemeanor) can be sealed 10 years after the sentence is completed, if restitution and surcharges are paid, you do not hold a commercial driver's license or permit, and the prosecutor does not show sealing would be contrary to the interests of justice (13 V.S.A. § 7602(e); 23 V.S.A. § 1210(b)-(c); 13 V.S.A. § 1). Filing costs $90 if the DUI was committed when you were 25 or older; the fee can be waived for inability to pay (32 V.S.A. § 1431(e), (h); Vermont Judiciary). A DUI committed before age 25 can instead be sealed under 33 V.S.A. § 5119(g) 2 years after final discharge, with no filing fee, if you have no listed-crime conviction in the prior 10 years and the court finds you rehabilitated. A third or later DUI is a felony (up to 5 years) that is not on the list of sealable felonies, and DUI causing death or serious bodily injury is a listed crime, so neither can be sealed under chapter 230 (23 V.S.A. § 1210(d), (f)-(g); 13 V.S.A. § 5301(7)(W)). Commercial license or permit holders can't seal offenses committed in a motor vehicle (§ 7602(a)(5)). A sealed DUI still counts as a prior offense if you are charged with DUI again (§ 7607(c)(4)).

  Sources: Vermont General Assembly (Vermont Statutes Online, unofficial copy) · Vermont General Assembly (Vermont Statutes Online, unofficial copy) · Vermont General Assembly (Vermont Statutes Online, unofficial copy) · All of Vermont's rules

• Virginia

  Can't be cleared

  DUI convictions can't be sealed in Virginia. § 18.2-266 (driving while intoxicated), § 18.2-266.1 (drivers under 21 after drinking), § 18.2-268.3 (refusal), DUI-related involuntary manslaughter, boating and aircraft under the influence, and commercial-vehicle DUI and refusal (§§ 46.2-341.24, 46.2-341.26:3) are all on the list of offenses ineligible for petition sealing (Va. Code § 19.2-392.12(L)), and DUI isn't on the automatic sealing list. The 2025 legislation added DUI-related offenses to the ineligible list. A DUI charge that ended in acquittal or dismissal can be sealed as a non-conviction or expunged under § 19.2-392.2.

  Sources: Virginia General Assembly (Legislative Information System) · Virginia State Crime Commission · Virginia State Bar · All of Virginia's rules

• Washington

  Can't be cleared

  A DUI conviction cannot be vacated in Washington. Misdemeanor and gross misdemeanor DUI (RCW 46.61.502), actual physical control while under the influence (RCW 46.61.504) and operating a railroad while intoxicated are barred with no time limit (RCW 9.96.060(2)(d)). A conviction that counts as a 'prior offense' under RCW 46.61.5055, such as reckless driving, first-degree negligent driving or reckless endangerment when the charge was originally filed as DUI or physical control, can be vacated only once 10 years have passed since the arrest for it and you had no other alcohol or drug violation within those 10 years (RCW 9.96.060(2)(d); RCW 46.61.5055(14)(a)); the other misdemeanor rules also apply. Felony DUI and felony physical control cannot be vacated (RCW 9.94A.640(2)(g)), and WashingtonLawHelp lists vehicular assault while under the influence as excluded. A certificate of restoration of opportunity does not list DUI among its exclusions (it does exclude vehicular assault under RCW 46.61.522(1)(a) or (b)), but it does not clear the record (RCW 9.97.010, 9.97.020).

  Sources: Washington State Legislature · Washington State Legislature · Washington State Legislature · All of Washington's rules

• West Virginia

  Sometimes

  A DUI conviction cannot be expunged (W. Va. Code § 61-11-26(c)(7)), nor can driving on a license suspended or revoked under § 17B-4-3. But a DUI conviction at least 5 years old doesn't stop you from expunging an unrelated, otherwise eligible felony (§ 61-11-26(c)). A first-offense misdemeanor DUI under § 17C-5-2(e) can be deferred through the Motor Vehicle Alcohol Test and Lock Program; after the charge is dismissed and a year passes from the end of probation, the court can expunge the arrest, trial and conviction records, except Division of Motor Vehicles records, if you have no felony conviction (§ 17C-5-2b). Commercial driver's license holders can't use the deferral, and their traffic offense records can't be expunged (§§ 17C-5-2b(f), 17E-1-13(g)).

  Sources: West Virginia Legislature · West Virginia Legislature · West Virginia Legislature · All of West Virginia's rules

• Wisconsin

  Sometimes

  A first-offense OWI is usually a civil forfeiture ($150 to $300 under Wis. Stat. 346.65(2)(am)1), not a crime, and the court system's brochure says traffic citations cannot be expunged. A first offense with a passenger under 16 is a crime with 5 days to 6 months in jail (346.65(2)(f)). A criminal OWI (for example a second offense, which carries up to 6 months in jail) can be expunged only under the general rule: you were under 25, the judge ordered it at sentencing, and you completed the sentence. Even then, 973.015 does not expunge Department of Transportation records, and the Wisconsin Supreme Court held in State v. Braunschweig, 2018 WI 113, that an expunged OWI conviction still counts as a prior offense for later OWI penalties.

  Sources: Wisconsin State Legislature · Wisconsin State Legislature · Wisconsin Director of State Courts Office · All of Wisconsin's rules

• Wyoming

  Sometimes

  Wyoming's expungement laws don't exclude DUI. A first, second or third DUI within 10 years is a misdemeanor (W.S. 31-5-233(e)), so it can be expunged under § 7-13-1501 five years after the sentence ends, if no firearm was involved, the court finds you aren't a substantial danger, and you haven't used your one misdemeanor expungement. A fourth DUI within 10 years, a DUI causing serious bodily injury, and a repeat DUI with a child passenger are felonies (§ 31-5-233(e), (h), (m)). The § 7-13-1502 exclusion list doesn't name § 31-5-233, though it does exclude aggravated homicide by vehicle (§ 6-2-106(b)); we found no court page or other official source that says whether a felony DUI can be expunged. A first DUI can be deferred under § 7-13-301 (second and later DUIs can't, and deferral isn't available to commercial driver's license holders charged with listed offenses, § 7-13-301(a), (f)), but the Judicial Branch says deferred cases that end in dismissal can't be expunged under the arrest or misdemeanor statutes. Expunged records stay available to criminal justice agencies (§ 7-13-1401(j)), and the definition of a DUI conviction (§§ 31-5-233(a)(iii), 31-7-102(a)(xi)) doesn't mention expungement; we found no official source on whether an expunged DUI still counts as a prior offense or whether expungement changes a WYDOT driving record.

  Sources: Wyoming Legislature, Legislative Service Office · Wyoming Legislature, Legislative Service Office · Wyoming Legislature, Legislative Service Office · All of Wyoming's rules

This compares each state's general rule. Clearing a court record may not remove the offense from your driving record, which the state's motor vehicle agency keeps separately, and commercial driver's license rules can be stricter. It isn't legal advice; legal aid offices and court self-help centers can tell you whether your case qualifies.