Is an old DUI showing up on background checks? Learn if your state lets you clear it.
Can a DUI Be Expunged or Sealed? What Each State's Law Says
Learn the split first: of the 23 states with a recorded rule, 12 do not clear a DUI conviction, 6 allow it and 5 allow it only in narrow cases. Then find your state in the table, with the statute beside it, or choose it in the free check below and add the year your sentence ended.
Quick answer
Of the 23 states whose rule on a DUI conviction is recorded in this dataset, 12 do not allow it to be cleared, 6 allow it, often once or after a long wait, and 5 allow it only in narrow cases; the rule for the other 28 states is not confirmed. New Hampshire annuls a DUI 10 years after the conviction (RSA 265-A:21), and Michigan sets aside one first-violation OWI by application after 5 years (MCL 780.621c). Ohio, Virginia and Washington, among others, exclude DUI convictions by statute. Each rule was checked on October 14, 2026 against the statute or summary linked in the table.
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Choose your state, the kind of conviction, the years since your sentence ended and whether there was a later conviction to learn the recorded rule, the waiting period, the Clean Slate status and the filing fee, each with its source.
Not confirmed (28 jurisdictions): the research did not confirm a DUI-specific rule from the statute or the CCRC summary. That is a gap, not a yes or a no; the full state chart shows each state's general rule.
Learn which states allow it and the conditions each statute attaches.
Arizona's sealing statute does not list DUI as ineligible, but a sealed DUI still counts as a prior for a later DUI sentence (A.R.S. 13-911). Massachusetts seals all offenses outside the chapters its statute lists, and OUI is not among them (M.G.L. c. 276, s. 100A). New Hampshire annuls a DUI 10 years after the conviction and keeps the record for later DUI sentencing (RSA 265-A:21).
Michigan sets aside one first-violation OWI, by application only, after a 5-year wait (MCL 780.621c). New York's sealing statute does not list DWI among its exclusions, so its cell reads not excluded (CPL 160.59). Louisiana, per the CCRC summary, allows a misdemeanor DUI expungement once every 10 years.
Learn the statutes that bar clearing a DUI, and Florida's route to the same result.
The clearing statute itself excludes a DUI conviction in Ohio (R.C. 2953.32), Virginia (Va. Code 19.2-392.12), Washington (RCW 9.96.060), North Carolina (G.S. 15A-145.5), South Carolina (S.C. Code 22-5-910), Colorado (C.R.S. 24-72-706), Illinois (20 ILCS 2630/5.2), Missouri (RSMo 610.140) and Maryland (Md. Crim. Proc. 10-110); the table quotes each one's wording. In Florida a DUI cannot end in withheld adjudication, and sealing or expunction requires one (Fla. Stat. 316.656, 943.059).
Oregon's set-aside statute does not apply to a traffic offense, DUII among them by this dataset's reading. Wyoming excludes DUI per the CCRC summary.
Learn the diversion, age and nondisclosure routes a few states allow.
Pennsylvania expunges a DUI charge dismissed after its ARD diversion program, but keeps the ARD completion order for 12 years (75 Pa.C.S. 3807). Wisconsin's court can order expungement only at sentencing and only for an offender under 25, and the Department of Transportation driving record of the conviction is never expunged (Wis. Stat. 973.015).
Per the CCRC summaries, Texas allows a discretionary order of nondisclosure for a first-offense DUI after up to 5 years, Rhode Island excludes DUI from its path for two to six misdemeanors, and Nevada excludes certain DUIs from sealing.
Learn why a cleared DUI can still count as a prior and stay on your driving record.
A DUI leaves you with a court record and a driving record kept by the licensing agency, and record-clearing statutes do not always reach both. Wisconsin's statute says the driving record is not expunged, and Arizona and New Hampshire keep a cleared DUI available for sentencing a later one. The lookback period in each state's DUI statute, shown in the penalties chart, is how long a prior can count against you for a repeat offense.
Learn which rows read "Not confirmed" and what that means for you.
For 28 jurisdictions the research did not confirm a DUI-specific rule: the statute was not read, or the CCRC summary did not address DUI. California's statute site could not be read for this research. These rows read "Not confirmed" in the table and the chart, a gap rather than a yes or a no.
Every rule here was checked on October 14, 2026. The Updated date on the state chart tells you when a cell last changed.
Frequently Asked Questions
Tap a question to see the answer.
In 12 of the 23 states with a recorded rule, no; 6 allow it, often once or after a long wait, and 5 only in narrow cases. The other 28 jurisdictions are not confirmed here.
No. A DUI cannot end in withheld adjudication, and Florida seals or expunges only records where adjudication was withheld (Fla. Stat. 316.656, 943.059).
DWI is not among the categories New York's sealing-by-application statute excludes (CPL 160.59), which sets a 10-year wait for that route, so the cell reads not excluded, the researcher's reading of the statute.
Once. Michigan allows a first-violation OWI to be set aside by application only, after a 5-year wait (MCL 780.621c). It is not set aside automatically.
Not expunged, per the CCRC summary, but a first-offense DUI can be the subject of a discretionary order of nondisclosure after a waiting period of up to 5 years.
Not confirmed here: its DUI rule is a gap in this dataset. California is on the Clean Slate Initiative's list (2022), which covers some records, not necessarily DUI convictions.
It can. Arizona counts a sealed DUI as a prior for DUI sentencing (A.R.S. 13-911), and New Hampshire keeps an annulled DUI for later DUI sentencing (RSA 265-A:21).
The cells record two diversion rules: Pennsylvania expunges a charge dismissed after ARD but keeps the completion order for 12 years (75 Pa.C.S. 3807), and Oregon excludes DUII diversion dismissals from set-aside (ORS 137.225).
Information on this page reflects laws and published figures as of October 14, 2026. This is general information, not legal advice, and not a prediction for any matter. Rules and fees change; check the court or agency page linked for each figure.
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