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DUI expungement: can your DUI come off your record?
You have a DUI on your record, and the next background check could show it. Without a court order, it usually stays for good.
Answered 24/7 for a free review of whether your state lets you clear your DUI.
Which states allow it
| State | What is possible |
|---|---|
| California | Ask the court to dismiss the conviction when no cases are pending and you are off probation |
| Texas | A nondisclosure order for some DWIs, including those finished on probation |
| Florida | A DUI conviction cannot be sealed or expunged |
The Texas rule is summarized by Texas Law Help, and Florida's by FDLE.
In San Diego, once probation is over and no new case is pending, you can to ask the court to dismiss the conviction (California Courts).
How long it stays otherwise
Without a court order, a conviction usually stays on the criminal record for good. What changes over time is whether it counts as a prior. New York counts a second DWI within 10 years as a felony (New York DMV).
Background checks
Employers who run checks will usually see a conviction. A Texas nondisclosure order bars most private employers from seeing it. A California dismissal lets you say on most job forms that you were not convicted, with exceptions for some licenses.
How to apply
In California, you file a petition with the court that handled the case. In Texas, you petition the court for nondisclosure after waiting the required time. A lawyer can check whether you qualify before you pay a filing fee.
Questions people ask
Can a DUI be expunged?
In some states. California lets you ask the court to dismiss a finished misdemeanor conviction, and Texas allows a nondisclosure order for some DWIs. Florida cannot seal a DUI conviction.
How long does a DUI stay on your record?
On your criminal record, usually for life unless your state lets you clear it. For counting priors, states use set windows: 10 years in New York and California, 84 months in Arizona.
Does a DUI show on a background check?
A conviction usually does. A dismissal or nondisclosure order can limit who sees it, but law enforcement and some licensing boards may still see it.
Does expungement clear my driving record?
Not always. The court record and the driver record are kept by different agencies. Florida notes a DUI may still appear in the motor vehicle database.
Read next: Your first DUI · Wet reckless · After the arrest
What to do now
Your DUI conviction will usually show up when an employer runs a background check. Without a dismissal or a nondisclosure order, it can stay on your record for life. Call for a free DUI expungement review with a lawyer for your state, at any hour.
Check my DUI record (877) 317-9931
Answered 24/7 for a free review of whether your state lets you clear your DUI.
Send your case details
Send your state, the county where you were convicted, and whether your probation is over. Those facts show the lawyer quickly whether you may qualify to clear your DUI.