How Long Does a DUI Stay on Your Record?
Updated · By the Law Figures editors
General information, not legal advice. Laws differ by state and change, so check the sources below or ask a lawyer licensed in your state before you act. Legal disclaimer
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How long a DUI stays on your record depends on which record. A DUI conviction stays on your criminal record permanently in most states unless a court seals or expunges it. Your driving record at the motor vehicle agency keeps it for a period your state sets, often several years or more. And for repeat offenses, states use a look-back period, so an old DUI can still raise the charge for a new one.
| Record | How long a DUI stays | Who sees it |
|---|---|---|
| Criminal record (court and state repository) | Permanently, unless sealed or expunged | Courts, police, many employers through background checks |
| Driving record (motor vehicle agency) | Set by each state | Insurers, employers who hire drivers, the agency |
| Look-back for a repeat offense | Set by each state | Prosecutors and courts on a new charge |
| Commercial license disqualification | 1 year after a first DUI, 3 if hauling hazardous materials, life after a second | Federal rule applied by every state |
| Consumer background checks | Convictions can be reported with no time limit | Employers and landlords who use screening companies |
Sources: 49 CFR § 383.51 and 15 U.S.C. § 1681c, checked November 7, 2026. State periods vary, so check your state's motor vehicle agency for its own numbers.
Background checks: the seven-year rule and its limit
The federal Fair Credit Reporting Act bars screening companies from reporting most arrests and other negative items older than seven years. But that limit doesn't apply to records of criminal convictions (15 U.S.C. § 1681c(a)). So a DUI arrest that didn't lead to a conviction drops off most reports after seven years, while a conviction can be reported indefinitely. The seven-year limit also doesn't apply when the job pays $75,000 a year or more (§ 1681c(b)). Some states add their own limits.
Look-back periods: why an old DUI still matters
States raise penalties for a second or third DUI if the earlier one falls within a set period. New York, for example, makes driving while ability impaired a misdemeanor instead of a traffic infraction when the driver has two or more prior convictions within ten years (Vehicle and Traffic Law § 1193(1)(a)). Other states use their own periods, and some count back further for felony DUI.
Commercial drivers
A DUI in any vehicle, including your own car, disqualifies a commercial license holder for one year on a first conviction, three years if the driver was carrying hazardous materials, and for life after a second conviction (49 CFR § 383.51, Table 1). A disqualification shows on the commercial driver's record that employers must check.
Can you get a DUI off your record?
Some states let people seal or expunge a DUI conviction after a waiting period with no new offenses; others don't allow it for DUI at all. Even when a criminal record is sealed, the driving record and the look-back period may still count it. Ask your state court's self-help center or a local lawyer what's available.
Checklist: find your state's numbers
- Request a copy of your driving record from the motor vehicle agency and see how the DUI is listed.
- Find your state's look-back period for repeat DUI offenses.
- Ask whether your state allows sealing or expungement for DUI, and after how long.
- Ask your insurer how many years it surcharges a DUI.
- If you hold a CDL, check your disqualification dates. For what the charge is called where you live, see DWI vs DUI.
Sources
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