When can I get my DUI expunged? 63 Answers as of August 24, 2011

I was told that I had to wait 10 years before I could get my DUI expunged. Is this true? I really need it off my record, because I am finding it difficult to find employment.

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
There is a five-year waiting period for expungements, not 10. You cannot have any other charges of any kind on your record including misdemeanors or juvenile adjudications.
Answer Applies to: Michigan
Replied: 8/24/2011
Law Office of Andrew Subin
Law Office of Andrew Subin | Andrew Subin
It is very difficult to have DUI expunged in Washington (unlike other misdemeanors).
Answer Applies to: Washington
Replied: 8/15/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Current Kansas law does not permit the expungement of a DUI conviction.
Answer Applies to: Kansas
Replied: 8/12/2011
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
The answer depends in part on how you DUI case concluded, conviction or not guilty and should be discussed with your attorney.
Answer Applies to: District of Columbia
Replied: 8/8/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
In Alabama we have no statute that allow for an expungment. You may apply with the Alabama Department of Pardons and Paroles for a pardon but that does not remove it from your record.
Answer Applies to: Alabama
Replied: 8/8/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, you cannot get a DUI expunged ever.
    Answer Applies to: Illinois
    Replied: 8/6/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    A DUI, like any misdemeanor, can be expunged three years after completion of all conditions of your sentence.
    Answer Applies to: Washington
    Replied: 8/5/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    You should certainly be eligible for expungement before 10 years. 10 years is when your charge can no longer be used to enhance another DWI charge. My office handles a large number of expungements in Louisiana on a regular basis. If you are seeking legal representation in this matter, I invite you to contact my firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 8/5/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You can never get it expunged. Traffic offenses are not expungable
    Answer Applies to: Michigan
    Replied: 8/5/2011
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    A DUI cannot be expunged. Even if you get a pardon from the governor, the Secretary of State can refuse to remove the DUI from your driving history. This is because the punishment for DUI is progressive, getting potentially more severe each time you get one. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.
    Answer Applies to: Illinois
    Replied: 8/4/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is no expungement law in the State of Alabama. In the past there has been an expungement bill pending in the Alabama Legislature but it is yet to pass.
    Answer Applies to: Alabama
    Replied: 8/4/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    If you were convicted of a DUI and did not receive a "deferred judgment," you cannot have your DUI expunged.
    Answer Applies to: Colorado
    Replied: 8/4/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You are not allowed to get a DUI conviction expunged, I would be happy to seek with you regarding a set aside which you are allowed to receive.
    Answer Applies to: Nebraska
    Replied: 8/4/2011
    Law Office of Sara Sencer McArdle
    Law Office of Sara Sencer McArdle | Sara Sencer McArdle
    You cannot get a DUI expunged. You should not be having trouble finding employment because of this unless you are going to drive for your profession. A Dui is not a criminal offense. If drug related you can get the drug charge expunged if it meets certain criteria.
    Answer Applies to: New Jersey
    Replied: 8/4/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    You cannot get a DUI expunged in Oregon. The expungement statute prohibits expungement of motor vehicle crimes.
    Answer Applies to: Oregon
    Replied: 8/4/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    This response is general information only and does not establish an attorney client relationship. However, the 10 year time period is the amount of time for which if you get another DWI they can use the first one to enhance the sentence on the second one, so yes you do have to wait until the 10 years is past before hiring an attorney to try to get it expunged.
    Answer Applies to: New York
    Replied: 8/4/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    New York State does not have an expungement statute. You can never get the conviction erased. You may be able to have it vacated if it was improper or illegal in some way, but never expunged. If you cannot get a job try to start your own business, there are many books on home businesses, start-ups, and small businesses at Barnes and Noble, Amazon online book store, and online information sites.
    Answer Applies to: New York
    Replied: 8/4/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Our office can represent you in making an application for relief from disability.
    Answer Applies to: New York
    Replied: 8/4/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Under Michigan law, you cannot expunge a DUI.
    Answer Applies to: Michigan
    Replied: 8/4/2011
    Lowenstein Law Office
    Lowenstein Law Office | Anthony Lowenstein
    It depends on several factors.
    Answer Applies to: California
    Replied: 8/4/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    Dear Sir/Madam - This is a very common question that I often receive. Unfortunately, the DUI laws in the State of Florida are very strick and harsh. First, the only way to get any criminal charge expunged is for the Judge to have withheld adjudication of guilty. In Florida DUI cases, I have never seen adjudication withheld. It is because of the MADD (Mother's Against Drunk Driving) are big in Florida and they have lobbied to get the toughest DUI laws in place. Unless your DUI had a withhold of adjudication of guilt, you will not be able to get it sealed or expunged. Sorry, I wish I had better news.
    Answer Applies to: Florida
    Replied: 8/4/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You do not need to wait 10 years. You will also never get it off of your record. All an expungement allows you to do is tell a potential employer that you have not suffered a conviction, as long as the potential employer is not a governmental entity. You would also have to tell a state licensing agency. A background check would reveal the arrest, conviction and expungement.
    Answer Applies to: California
    Replied: 8/4/2011
    Night Life Lawyers
    Night Life Lawyers | Joshua Aldabbagh
    You have to wait 7 years from the close of your DUI case (the date you are no longer under a suspended sentence) before your record can be sealed. Once your record is sealed, the matter is treated as never having occurred, and you can legally answer "no" if asked if you have been convicted of a crime that has been sealed.
    Answer Applies to: Nevada
    Replied: 8/4/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You have heard wrong. DUI convictions can never be expunged in Michigan. It is part if the statute.
    Answer Applies to: Michigan
    Replied: 8/4/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You need to present a motion to the court, explaining the circumstances of your request. However, if you have had any other run ins with any courts (criminally), since the DUI, you may be out of luck.
    Answer Applies to: Washington
    Replied: 8/4/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Never.
    Answer Applies to: Michigan
    Replied: 8/4/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    You can get it "expunged" after you complete probation. However, it is still prior able for 10 years if you get a new DUI.
    Answer Applies to: California
    Replied: 8/4/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    A petition to expunge a criminal conviction can be filed as soon as the probation has been completed. In most DUI cases that would be three years.
    Answer Applies to: California
    Replied: 8/4/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    Unfortunately, as the law now stands, you may not have your DUI conviction vacated at all, no matter how much time has passed.
    Answer Applies to: Washington
    Replied: 8/4/2011
    Noah A. Bradow, Attorney & Counselor, pllc
    Noah A. Bradow, Attorney & Counselor, pllc | Noah A. Bradow
    In Michigan, you cannot get a DUI expunged. The statute specifically excludes "traffic offenses," which includes drunk driving.
    Answer Applies to: Michigan
    Replied: 8/4/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    No. see below. Many convictions 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. That would include disclosure for insurance applications for jobs that include driving. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
    Answer Applies to: California
    Replied: 8/4/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    It depends on the number of DUIs you have had. A DUI 1st gets expunged when you complete the terms of your probation.
    Answer Applies to: Pennsylvania
    Replied: 8/4/2011
    Law Office of Joseph Schodowski
    Law Office of Joseph Schodowski | Joseph Schodowski
    UnderRCW 9.96.060, you may petition the court after five years have elapsed since the completion of your judgment and sentence. This means if the case was continued for 1 year or 2 years under the terms of a stipulated order of continuance, the clock does not begin to run until those two years are completed. That being said, if the conviction is more than five years old and you meet all of the other requirements under 9.96.060, you may be able to have the record vacated.
    Answer Applies to: Washington
    Replied: 8/4/2011
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    If your DUI conviction was in the State of Washington you will not be permitted to "expunge" (vacate) the DUI, unfortunately. If it is in another State, then perhaps you can.
    Answer Applies to: Washington
    Replied: 8/4/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    It cannot be expunged ever
    Answer Applies to: Michigan
    Replied: 8/4/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A DWI cannot be expunged under Statute in Minnesota where there was a conviction.
    Answer Applies to: Minnesota
    Replied: 8/4/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    It is a function of the governor's office. The 10 year period was set up by Baldacci or someone prior to him, but if the governor wants to do it, you can get it done. I wouldn't count on it.
    Answer Applies to: Maine
    Replied: 8/4/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    You can get a misdemeanor DUI conviction "expunged" as soon as you complete probation. This legally is a withdrawal of the guilty or no contest plea, and entrance of a not guilty plea, and a dismissal of the accusatory pleading against you under Penal Code section 1203.4. If you are still on probation, you will have to petition the court to terminate the probation first before you can get the conviction expunged. It is important to note that this does not remove the priorability aspect of the conviction for 10 years. In other words, if you get another DUI arrest within 10 years of the prior expunged conviction, you can still be charged as a 2nd offender subject to more severe consequences. In addition, an expungement does not preclude law enforcement and district attorneys from seeing the expungement in your Department of Justice record. Finally, government jobs and licensing applications still often require that you acknowledge if you have ever had a conviction expunged.
    Answer Applies to: California
    Replied: 8/4/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    No longer than when probation expires. Some judges will entertain it earlier. The 10 year period refers to how long it can be used as a prior conviction, expunged or not.
    Answer Applies to: California
    Replied: 8/4/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    I'm sorry but you cannot get you DWI conviction expunged. There is no expunging in New York state.
    Answer Applies to: New York
    Replied: 8/4/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    The short answer is you can't. Expungement refers to asking the Washington State Patrol to delete non conviction data from its records. They can't delete a DUI conviction. You can ask the court where the conviction occurred to vacate the guilty finding and direct the WSP not to disseminate any record of the conviction. However, you can't vacate a DUI conviction. DOL does not delete records. If the DUI was not a conviction but a reduction to a lesser charge, you may be able to ask the court to vacate the conviction 3 years after you complete your sentence.
    Answer Applies to: Washington
    Replied: 8/4/2011
    Thomas Humphrey, Attorney at Law
    Thomas Humphrey, Attorney at Law | Thomas Humphrey
    You can have the record of a DUI expunged or sealed by the court, upon a motion if you can demonstrated your privacy interests outweigh the interests of public disclosure. If a conviction is negatively impacting your search for employment, many courts give that considerable weight when determining that your privacy interest outweighs the public interest of disclosure. Length of time since the conviction will also be considered as well as other criminal history, whether you were successful on probation and similar factors.
    Answer Applies to: Idaho
    Replied: 8/4/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    A DUI stays on your record for ten years even if the Court grants an expungement. However, you can lawfully say that you have never been convicted of a crime. Your DUI criminal charge looks like your case was dismissed; it does not look like you were convicted even though you were convicted at one point in time. You can hire a lawyer to do an expungement for you once you have successfully completed the terms of your probation and you have no subsequent criminal offenses. Sometimes the Court will grant the motion if you are close to completing your probation.
    Answer Applies to: California
    Replied: 8/4/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    I don't know who told you that but DUI convictions are forever in Washington unless you are pardoned by the Governor.
    Answer Applies to: Washington
    Replied: 8/4/2011
    Boske Law Offices
    Boske Law Offices | Michael A Boske
    You can never have a DUI expunged.
    Answer Applies to: Ohio
    Replied: 8/3/2011
    The Law Office of Katherine Godin, Inc.
    The Law Office of Katherine Godin, Inc. | Katherine Godin, Esq.
    In general (with a few exceptions for crimes of violence), if you are a first-time offender and have been convicted of a misdemeanor, you are eligible to get your conviction expunged 5 years after you have completed your sentence. For example, if you were convicted on 8/3/11 to one year probation, you would be eligible to get it expunged on/after 8/3/17. For felonies, it's 10 years after the completion of the sentence, so if you were convicted on 8/3/11 and sentenced to 3 years probation, you would be eligible to have it expunged on/after 8/3/24.
    Answer Applies to: Rhode Island
    Replied: 8/3/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    No, never.
    Answer Applies to: Tennessee
    Replied: 8/3/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    New York does not expunge. If you get arrested for DWI within 10 years of a prior DWI conviction, its a felony.
    Answer Applies to: New York
    Replied: 8/3/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    False. As long as you have successfully completed probation, am not currently on probation for anything else, and have no other criminal case(s) pending, you are eligible. Contact an attorney to file the petition for you.
    Answer Applies to: California
    Replied: 8/3/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You can get your DUI expunged as soon as your probation has been terminated. However here is where the problem is. The DUI will appear on both your criminal history report (RAP Sheet) as well as your DMV history printout. The expungement only will appear on the RAP Sheet it is not associated with the DMV print out in any way. The only way it will go off the DMV printout is waiting the ten years.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    First - California doesn't have a true "expungement" law like some states. We have a dismissal under Penal Code section 1203.4. If granted, it adds a notation that your case was subsequently dismissed, but it still remains on your criminal history. It will also have absolutely no effect on your DMV printout. No, you don't have to wait 10 years to seek a dismissal. You must be off probation on that case and not have any other pending cases. Typically, first time DUI probation is 3 years, so after that time (or earlier if a judge grants a request to terminate probation early), you can seek a 1203.4 dismissal.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    It can be expunged after probation ( 3 years ), but it does not come off your DMV Record for 10 years and never comes off your Criminal Record unless you are declared " factually innocent ".
    Answer Applies to: California
    Replied: 8/3/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    After you are off probation you can make a motion to expunge your criminal record per Penal Code Section 1203.4.
    Answer Applies to: California
    Replied: 8/3/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    A DUI conviction, like all convictions, will NEVER come off your record.
    Answer Applies to: Georgia
    Replied: 8/3/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In Michigan you cannot get a DUI expunged.
    Answer Applies to: Michigan
    Replied: 8/3/2011
    Lewis & Dickstein, P.L.L.C.
    Lewis & Dickstein, P.L.L.C. | Loren Dickstein
    In Michigan, an OWI can never be removed from your record.
    Answer Applies to: Michigan
    Replied: 8/3/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    I am sorry but you cannot expunge a DUI in Michigan. That is why it is so important to unturn every stone in finding a defense.
    Answer Applies to: Michigan
    Replied: 8/3/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    Yes it is true. Also, it will not be expunged it will be sealed. The difference means that it will still be on your record but only law enforcement will have access to it.
    Answer Applies to: Massachusetts
    Replied: 8/3/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Unless you received the DUI as a juvenile, you should try to consult the attorney who told you in ten years it can be expunged. Adult DUI's cannot be expunged in Colorado. Whether or not the charge may be able to be sealed, depends on the specific facts of your situation, which aren't presented in this question. I suggest calling a criminal defense attorney where you live to present the specific facts of your situation to obtain an answer.
    Answer Applies to: Colorado
    Replied: 8/3/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    In Oregon, neither DUII arrest nor convictions are eligible for expunction, no matter how much time has passed.
    Answer Applies to: Oregon
    Replied: 8/3/2011
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