These Are the States Where a DUI Will Stay on Your Record Forever

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By Douglas A. McIntyre Published
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These Are the States Where a DUI Will Stay on Your Record Forever

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The COVID-19 pandemic has altered our lives in profound ways, from the way children are learning to how people are shopping. One such change has been a rise in alcohol sales in the United States.

According to market data provider Nielson, sales of alcoholic beverages surged 24% in the first six months of the U.S. national health emergency declared in February 2020. Americans show no signs they are ready to give up that coping mechanism in 2021, according to industry news provider Beverage Daily.

Meanwhile, Americans have recently returned to pre-pandemic driving habits, suggesting that drinking and driving charges may soon rebound as well, after a sharp decline last year, especially after more Americans are vaccinated for the virus.

Of course, driving under the influence can have serious safety and legal consequences, and it can send your car insurance premiums through the proverbial sunroof. In 2019, the FBI reported that more than a million Americans were arrested for drunk driving. While that number probably dropped in 2020 (the FBI data isn’t out yet), it likely will rebound this year as people return to the roads.
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The penalties for driving under the influence vary by state. According to Insurify, an insurance comparison-shopping website, the charges for driving under the influence can involve a first-offense noncriminal misdemeanor charge, but the punishment increases considerably for repeat offenders. Anything beyond a misdemeanor for driving under the influence becomes a spot on your criminal record that can cause offenders to lose child-custody and gun-ownership rights. Legal immigrants can lose the right to become naturalized citizens.

In some cases, a DUI charge can follow you for years, if not the rest of your life, unless you successfully apply to have your record expunged or sealed. This process varies by state, and offenders with expunged or sealed records can still suffer more severe penalties if they are caught again driving under the influence.

In Alaska, a DUI stays on a criminal record forever and is not expungeable, but convictions can be “set aside.”

In Idaho, a DUI stays on criminal record forever and is not expungeable, but offenders can ask for a “withheld judgment” for a first offense.

In Illinois, a DUI stays on criminal record forever and is not expungeable, but pardons are available.

In Indiana, a DUI stays on criminal record forever but is expungeable five years after a misdemeanor conviction or eight years after a felony conviction.

In Kansas, a DUI stays on criminal record forever but is expungeable five years after completing probation for a first offense or 10 years after a second.

In Maine, a DUI stays on criminal record forever and is not expungeable, but pardons are available.

In Ohio, a DUI stays on criminal record forever and is not expungeable.

In Oregon, a DUI stays on criminal record forever and is not expungeable.

In Tennessee, a DUI stays on criminal record forever and is not expungeable.

In Texas, a DUI stays on criminal record forever and is not expungeable.

In Vermont, a DUI stays on criminal record forever and is not expungeable.

Click here to see how long a DUI can stay on tour record in each state.
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Photo of Douglas A. McIntyre
About the Author Douglas A. McIntyre →

Douglas A. McIntyre is the co-founder, chief executive officer and editor in chief of 24/7 Wall St. and 24/7 Tempo. He has held these jobs since 2006.

McIntyre has written thousands of articles for 24/7 Wall St. He is an expert on corporate finance, the automotive industry, media companies and international finance. He has edited articles on national demographics, sports, personal income and travel.

His work has been quoted or mentioned in The New York Times, The Wall Street Journal, Los Angeles Times, The Washington Post, NBC News, Time, The New Yorker, HuffPost USA Today, Business Insider, Yahoo, AOL, MarketWatch, The Atlantic, Bloomberg, New York Post, Chicago Tribune, Forbes, The Guardian and many other major publications. McIntyre has been a guest on CNBC, the BBC and television and radio stations across the country.

A magna cum laude graduate of Harvard College, McIntyre also was president of The Harvard Advocate. Founded in 1866, the Advocate is the oldest college publication in the United States.

TheStreet.com, Comps.com and Edgar Online are some of the public companies for which McIntyre served on the board of directors. He was a Vicinity Corporation board member when the company was sold to Microsoft in 2002. He served on the audit committees of some of these companies.

McIntyre has been the CEO of FutureSource, a provider of trading terminals and news to commodities and futures traders. He was president of Switchboard, the online phone directory company. He served as chairman and CEO of On2 Technologies, the video compression company that provided video compression software for Adobe’s Flash. Google bought On2 in 2009.

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