How can I get a DUI expunged from my record? 63 Answers as of July 04, 2013

It has been almost 10 year since my conviction and the DUI is still on my record. Is it possible to get this removed? I have not committed any crimes and I have a clean record apart from that.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Night Life Lawyers
Night Life Lawyers | Joshua Aldabbagh
You can seal your record.

Pursuant to NRS 179.245 (e), a misdemeanor DUI conviction can be sealed after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.

It sounds like your conviction is eligible for sealing. You should contact an attorney to discuss the matter.
Answer Applies to: Nevada
Replied: 8/8/2011
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors. .
Answer Applies to: California
Replied: 8/4/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
In Michigan, traffic offenses cannot currently be expunged pursuant to the applicable state law.
Answer Applies to: Michigan
Replied: 7/28/2011
Law Office of James A Schoenberger
Law Office of James A Schoenberger | James A Schoenberger
Three years after completion of the conditions set by the court, you are eligible to have a DUI expunged. See a lawyer or do it yourself
Answer Applies to: Washington
Replied: 7/28/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
New York does not have an expungement statute. You can make a 440.10 motion to vacate the conviction if there was something improper or illegal about the conviction, plea allocution, or is new evidence of innocence. You will probably have to live with the conviction. you can get a Certificate of Release of Disabilities to help you get a job if an attorney applies for it to the sentencing judge, but that is only of limited use since employers can ignore it in most cases.
Answer Applies to: New York
Replied: 7/27/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Can't happen under Michigan law. Sorry for the bad news.
    Answer Applies to: Michigan
    Replied: 7/26/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    You probably will not be able to get it expunged. In order to get a record expunged or sealed, the Court must have withheld adjudication of guilt in the case. In the 15 years that I have been practicing I have never met someone who had a DUI that the Court withheld adjudication. I suppose its possible but rare. This is primarily due to the MADD (mother's against drunk drivers) organization and their lobbying for really tough laws regarding drunk driving.
    Answer Applies to: Florida
    Replied: 7/4/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    7-25-11 There is no expungement law in the State of Alabama. There has been an expungement bill pending in the past in the Alabama Legislature for some time. Lawmakers have not seen fit to pass this bill at this time.
    Answer Applies to: Alabama
    Replied: 7/26/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    In Colorado, no.
    Answer Applies to: Colorado
    Replied: 7/26/2011
    Law Office of Sean Patrick Walsh
    Law Office of Sean Patrick Walsh | Sean Patrick Walsh
    In Idaho, you can have the case dismissed so long as you had no formal probation violations.
    Answer Applies to: Idaho
    Replied: 7/26/2011
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    In many States you may get your DUI "expunged" (vacated) but you cannot get a DUI vacated in Washington State.
    Answer Applies to: Washington
    Replied: 7/26/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You will never be able to expunge your DWI nor will you be able to seal it. DWI cases are specifically excluded from the relevant statutes.
    Answer Applies to: Texas
    Replied: 7/26/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    You need to file a motion with the court or contact the local probation department to see if you can do it without an attorney. You might benefit from a free consult with a certified criminal law specialist who can advise you more specifically.
    Answer Applies to: California
    Replied: 7/26/2011
    Elmbrook Law Offices
    Elmbrook Law Offices | Gregory Straub
    You DUI will be maintained on your driving extract. If you are cited again in the future, it will be considered a second offense DUI and there will be a mandatory jail term as part of the sentence.
    Answer Applies to: Wisconsin
    Replied: 7/25/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    Unfortunately you cannot get a DUI vacated in Washington, see RCW 9.96.060(2)(c).
    Answer Applies to: Washington
    Replied: 7/25/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Current Kansas law does not permit expungement of DUI convictions.
    Answer Applies to: Kansas
    Replied: 7/25/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    California doesn't offer expungements. What is commonly referred to as an expungement in California is in reality a dismissal pursuant to 1203.4. This does not remove the conviction from your record, it merely allows you to answer "No," to the question: Have you ever been convicted of a misdemeanor?" on a job application. You can do it. There is a form you file with the court. The form is on the California Judicial Council Forms website. Dismissal pursuant to 1203.4 is discretionary with the court in DUIs so the court will set a hearing. In L.A. it can take 6 monts or more, so don't wait.
    Answer Applies to: California
    Replied: 7/25/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    It comes off your driving record automatically after 10 years. It stays on your Criminal Record forever but you can get it expunged after successfull completion of probation.
    Answer Applies to: California
    Replied: 7/25/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    There is no expunging in the State of New York. I'm sorry.
    Answer Applies to: New York
    Replied: 7/25/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Current Colorado law does not allow for the sealing of a regular DUI conviction. If it was 'deferred' and later dismissed it is possible it may be possible to seal it but right now even that is a long shot.
    Answer Applies to: Colorado
    Replied: 7/25/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    It is expungable you my wish to contact me regarding this issue.
    Answer Applies to: California
    Replied: 6/26/2013
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Many convictions, including DUI, can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction.
    Answer Applies to: California
    Replied: 7/25/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    This type of question comes up often. It is not difficult to petition the court for an expungement. It just takes getting the right form and filing it out correctly. With just a small amount of reading most people can handle the process. Upon filing the petition the court will set a hearing date and the DA will have the opportunity to object. If no objection is received, and the paperwork is in order, the court will grant the petition. However, if the DA opposes the petition the court will hold an hearing on the issue. While the paperwork to petition is easy, a hearing would be very difficult for a non-attorney. At that point you would need to hire an attorney to represent you at the hearing. Here is the catch. Most attorneys will not pick up a case they did not file on. They want to do the research before hand and actually file the petition themselves. If you did find an attorney to step in for you it could cost more than if you had hired one in the first place. Additionally, attorneys who actually file expungement petitions will have the DA oppose their petition much less than an individual petitioning the court themselves. Bottom line, if an expungement is worth getting it is far too important to have it denied.
    Answer Applies to: California
    Replied: 7/25/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    No expungement in Virginia if convicted of a crime. Unless you get a pardon from the Governor, a conviction will prevent expungement. Each state has different rules and Virginia is very limited (strict) about what can be removed from your record. You would need to be found not guilty or have the charge dismissed to be able to apply for an expungement. while the charge is dismissed the arrest stays because there was sufficient evidence of guilt. In your case you were convicted of DUI, therefore no expungement even if 70 years has passed. In Virginia, a conviction is forever.
    Answer Applies to: Virginia
    Replied: 7/25/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    DUII arrests and convictions are not eligible for expunction in Oregon.
    Answer Applies to: Oregon
    Replied: 7/25/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    Sadly, the answer is you cannot. While Washington does provide a procedure to "vacate" a misdemeanor or gross misdemeanor offense, the statute specifically excludes DUIs. See the following: RCW 9.96.060. Misdemeanor offenses Vacating records (2) An applicant may* not *have the record of conviction for a misdemeanor or gross misdemeanor offense vacated if any one of the following is present: (c) The offense was a violation of RCW 46.61.502( *driving while under the influence*), 46.61.504 (actual physical control while under the influence), or 9.91.020 (operating a railroad, etc. while intoxicated).
    Answer Applies to: Washington
    Replied: 7/25/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    In the State of Alabama we have no statute which will allow for an expungement.
    Answer Applies to: Alabama
    Replied: 7/25/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    A conviction will not be expunged.
    Answer Applies to: Georgia
    Replied: 7/25/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    It is possible if your sentence was under Article 894 of the Louisiana Code of Criminal Procedure.
    Answer Applies to: Louisiana
    Replied: 7/25/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Yes, it is possible to get your DUI expunged. You need to have complied with all of the terms of your probation, which it sounds like you did. The process for getting an expungement is to petition the Court that you were convicted in.
    Answer Applies to: California
    Replied: 7/25/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes and no. An expungement allows you to say you were not convicted, except to the governemnt and licensing agencies ( real estate, stock, etc.). It does not remove the fact of the conviction.
    Answer Applies to: California
    Replied: 7/25/2011
    Law Office of Robert L Keates, PLLC
    Law Office of Robert L Keates, PLLC | Robert Keates
    The only way to clear a Conviction would be a Governor's Pardon. If granted, then you could expunge the conviction.
    Answer Applies to: Texas
    Replied: 7/25/2011
    Bristol & Dubiel LLP
    Bristol & Dubiel LLP | Murray L. Bristol
    In Texas you cannot get an expungement of an offense that you have a final conviction on.
    Answer Applies to: Texas
    Replied: 7/25/2011
    The Grundy Law Firm, PLLC
    The Grundy Law Firm, PLLC | Elvin Grundy
    Arizona Revised Statutes Section 13-904 through 13-908 sets up the process for getting a felony or misdemeanor discharged from your record: Given the bad economy and the use of pre-employment screening tools, filing an application with the court for release from the disabilities associated with your decade old DUI is something you will want a diligent, experienced, and affordable law firm to effectively prepare on your behalf. The law provides for a closed hearing, meaning the written application is the only avenue you can take to set aside the guilty finding. Give me a call and we will set the ball rolling.
    Answer Applies to: Arizona
    Replied: 7/26/2011
    Law Office of Barry Melton
    Law Office of Barry Melton | Barry Melton
    You can't exactly get the case removed from your record. But assuming you successfully completed probation (if you were on probation) and did not have any new law violations during this interim period you can get the conviction set aside, a plea of not guilty entered and the case dismissed pursuant to the provisions of Penal Code sections 1203.4 or 1203.4a. You may also be able to get the aforementioned relief even if you had a "rocky" time on probation, so long as you successfully completed it (but that's often more difficult).
    Answer Applies to: California
    Replied: 7/25/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    California doesn't have a true "expungement" law that removes things from your record. You can apply for a dismissal under Penal Code section 1203.4. If granted, it adds an entry to your criminal history that the case was dismissed. That then allows you to tell most private employers that you have not been convicted of a crime. Because DUIs are priorable for 10 years now, it will remain on your DMV record, even with a 1203.4 dismissal.
    Answer Applies to: California
    Replied: 7/25/2011
    Atlanta Trial Lawyers Group
    Atlanta Trial Lawyers Group | James R. Haug
    It is possible to get a case expunged. There is paperwork that needs to be filed with the solicitor.
    Answer Applies to: Georgia
    Replied: 7/25/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Unfortunately, in Michigan, you cannot get a DUI expunged. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 7/25/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    It is very difficult to expunge a DUI in Washington.
    Answer Applies to: Washington
    Replied: 7/25/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Unfortunately, DUI convictions are forever unless you can get the Governor to pardon you.
    Answer Applies to: Washington
    Replied: 7/25/2011
    The Law Offices of Jason Pollack, Esq.
    The Law Offices of Jason Pollack, Esq. | Jason Pollack
    DUI in New Jersey is not a crime. Therefore it cannot be expunged.
    Answer Applies to: New Jersey
    Replied: 7/25/2011
    Attorneys of Michigan, PLLC
    Attorneys of Michigan, PLLC | Daniel Hajji
    No, the present Michigan Expungement statute does not allow it. However, there some Legislators who are working on getting that passed. You ought to contact your local legislators and push for this legislation.
    Answer Applies to: Michigan
    Replied: 7/25/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Georgia does not allow expungement after a conviction.
    Answer Applies to: Georgia
    Replied: 7/25/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    If your DUI is a misdemeanor, you can have an attorney file a 1203.4 motion and file it with the clerk. The filing cost is $120.00 in Orange County. After the motion is filed, the court will either grant the motion, dismiss the motion, or require a court hearing. At this hearing, the Judge gives the District Attorney an opportunity to object to the granting of the motion. If your motion is granted, you can lawfully say that you have never been convicted of a crime. For the DMV however, a DUI stays on your driving record for 10 years and an expungement cannot effect this. An expungement is still extremely beneficial to have especially when you are looking for new employment.
    Answer Applies to: California
    Replied: 7/25/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    In Massachusetts, after 10 years you can request your record be sealed if you meet certain criteria. By sealing your record you prevent anyone other than law enforcement to see what is on your record. However, it cannot be expunged; meaning it will always be on your record. I would contact an attorney to discuss in more detail your options.
    Answer Applies to: Massachusetts
    Replied: 7/25/2011
    Noah A. Bradow, Attorney & Counselor, pllc
    Noah A. Bradow, Attorney & Counselor, pllc | Noah A. Bradow
    Currently, in Michigan, DUI and other "traffic offenses" are specifically excluded from the offenses which can be expunged.
    Answer Applies to: Michigan
    Replied: 7/25/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    As long as that is the only conviction of any kind that you have on your record, including misdemeanors, then you can apply to have it set aside. You can either hire an attorney who has experience in expungements or you can get the packets and do it yourself. It's a lot of paperwork, getting fingerprinted, copies of your record and order of conviction, etc. and filing with the court.
    Answer Applies to: Michigan
    Replied: 7/25/2011
Click to View More Answers:
12 3 4 5 6 7 8 9 10 Free Legal QuestionsConnect with a local attorney

Need more information on drunk driving law? Visit our free DUI resource page to learn more.

If you need immediate assistance, fill out a free case evaluation form to connect with a DUI lawyer in your area today!