DUI Expungement

An arrest or conviction for driving under the influence (DUI) can have a negative impact on one’s ability to secure a job, obtain a student loan, rent an apartment, or apply for credit, even if it seems unrelated or occurred years ago. State-by-state laws regarding record expungement vary. Some states do not permit expungement of convictions, only arrests that did not result in a conviction. Other states permit expungements, but under specific conditions. Let’s review some fundamental expungement facts and terminology to get you started.

What is Expungement?

In the eyes of the law, expungement, also known as “expunction,” “sealing a conviction,” or “setting aside a criminal conviction,” effectively conceals a DUI / DWI arrest or conviction. An expunged DUI offense may still be used as evidence of a prior conviction; however, expunged offenses are typically not visible to prospective employers, educational institutions, credit issuers, and other entities conducting background checks.

In certain legal proceedings, such as sentencing for crimes committed after expungement or immigration/deportation proceedings, an expunged conviction that is “under seal” may be considered as evidence of a prior conviction.

Is it possible to expunge any type of DUI conviction?

The ability to expunge an arrest or conviction for drunk driving varies by state and is typically limited to first offenses. Some states only permit expungement of arrests that do not result in convictions or guilty pleas, whereas others permit expungement of the majority of first convictions that do not appear to be part of a criminal pattern. It is always up to the court to determine whether an expungement will be granted.

Juvenile Expungements

Depending on the state and/or county, juvenile DUI arrests and convictions may be subject to special eligibility requirements for expungement.

Expungement Examples

After successfully completing probation for a misdemeanor DUI conviction in California, for instance, you may file a petition for expungement (if applicable). In California, it is sometimes possible to expunge felony DUI convictions, but this often requires additional court procedures, such as reducing the conviction to a misdemeanor.

In contrast, Florida law only permits the expungement of DUI arrests in cases where the charges were dropped, dismissed by the court, never filed, or the defendant was found not guilty. In contrast to many other states, Florida’s Department of Law Enforcement may disclose the existence (but not the contents) of expunged records pertaining to applicants for employment or membership certifications.