How Long Does a DUI Stay on Your Record?
Short answer: 5–10 years on your driving record in most states, and forever on your criminal record unless you successfully petition for expungement. Here's the full breakdown — including the "7-year myth" and what every state actually does.
The 60-second answer
- Driving record (DMV): 5–10 years in most states. Lifetime in TX, FL, IL, OH, GA, MI, NJ, WA, AZ, MA.
- Criminal record: Indefinite. Requires court expungement to remove — and 6 states don't allow DUI expungement at all.
- Insurance surcharge: Typically 3–5 years.
- "Prior offense" enhancement: Each state's washout period (5 years to lifetime).
Four different "records" — each with its own clock
On your driving record: 5 to 10 years (most states)
Your state DMV keeps the DUI on your driving abstract for a fixed lookback period — usually 5, 7, or 10 years. During that window the DUI counts toward insurance surcharges, license points, and 'prior offense' enhancements if you're arrested again. After the window closes the entry typically drops off the abstract automatically — no petition required.
On your criminal record: forever (unless expunged)
A DUI conviction is a criminal record entry. Unlike the DMV record, it does not 'fall off' on its own. It shows up on background checks indefinitely until you successfully petition for expungement, sealing, or set-aside — which most states allow after a waiting period (commonly 5–10 years with no further offenses).
For insurance purposes: usually 3 to 5 years
Insurance carriers run their own lookback — typically 3 years for the SR-22 requirement and 5 years for premium surcharges. After the carrier's window closes your rates normalize, even if the DUI is still on your DMV abstract for prior-offense purposes.
For 'prior offense' enhancement: the state's washout period
Every state defines a 'washout' period — the window during which a new DUI counts as a second offense (with mandatory jail, longer suspensions, and felony exposure on a third). Washout ranges from 5 years (NC, TX) to 10 years (CA, FL, AZ) to lifetime (most felony DUI states for prior-felony enhancement).
The "7-year DUI rule" is a myth
If you've Googled this, you've probably seen blogs claim a DUI "comes off your record after 7 years." That's wrong — but the confusion is understandable.
The 7-year figure comes from the federal Fair Credit Reporting Act (FCRA), which limits how far back most consumer background-check companies can report non-conviction records (arrests, dismissals). It does not apply to:
- DUI convictions (which can be reported indefinitely)
- Background checks for jobs paying $75,000+/year
- Government, healthcare, education, finance, or driving jobs
- Professional license applications
- Court and DMV records (which follow each state's own rules)
DUI record retention by state
Top 15 states by population. For your state's specific deadlines and process, see the state guides.
| State | Driving record | Criminal record | Prior-offense washout |
|---|---|---|---|
| California | 10 years | Indefinite (expungement after probation) | 10 years |
| Texas | Lifetime | Indefinite (non-disclosure after 5 yrs) | Lifetime |
| Florida | 75 years | Indefinite (no expungement) | 5 years |
| New York | 15 years | Indefinite (no expungement) | 10 years |
| Illinois | Lifetime | Indefinite (no expungement for DUI) | Lifetime |
| Pennsylvania | 10 years | Indefinite (sealing after 10 yrs) | 10 years |
| Ohio | Lifetime | Indefinite (no expungement for OVI) | 10 years |
| Georgia | Lifetime | Indefinite (no expungement) | 10 years |
| North Carolina | 7 years | Indefinite (expungement after 10 yrs) | 7 years |
| Michigan | Lifetime | Indefinite (one-time set-aside after 5 yrs) | 7 years |
| New Jersey | Lifetime | Indefinite (no expungement) | 10 years |
| Virginia | 11 years | Indefinite (no expungement) | 10 years |
| Washington | Lifetime | Indefinite (vacate after 10 yrs) | 7 years |
| Arizona | Lifetime | Indefinite (set-aside available) | 7 years |
| Massachusetts | Lifetime | Indefinite (sealing after 10 yrs) | 10 years |
Source: state DMV codes and criminal statutes, current as of 2026. Eligibility for expungement varies — consult an attorney in your state.
Frequently asked questions
Is the '7-year DUI rule' real?
No. The '7-year myth' comes from background-check companies — most consumer background reports only show criminal records from the last 7 years under the federal Fair Credit Reporting Act. But the DUI itself stays on your criminal record indefinitely, and certain background checks (jobs over $75K/year, government, healthcare, finance) can see the full history regardless of age.
Does a DUI ever come off my record automatically?
Only the DMV (driving record) portion drops off automatically, after your state's lookback period (5–10 years in most states; lifetime in TX, FL, IL, OH, GA, MI, NJ, WA, AZ, MA). The criminal record portion never falls off on its own — it requires a court petition for expungement, sealing, or set-aside.
Will a DUI show up on a job background check?
Yes, for most professional background checks. Under the FCRA, consumer reports usually limit non-conviction records to 7 years, but DUI convictions can appear indefinitely. Employers in healthcare, education, government, finance, and any job involving driving (CDL, delivery, rideshare) almost always see DUI convictions regardless of age.
How long does a DUI affect car insurance?
Typically 3 years for the SR-22 requirement and 5 years for premium surcharges. After year 3 your rates start dropping; after year 5 most carriers stop surcharging entirely. Some non-standard carriers (specialty SR-22 providers) look back 7 years.
Can I get a DUI expunged from my record?
In most states yes — but DUI is one of the harder offenses to expunge. Common requirements: completion of all sentencing terms (probation, fines, DUI school), a waiting period of 5–10 years with no further offenses, and a clean criminal history apart from the DUI. A few states (FL, NY, NJ, GA, IL, OH for OVI) don't allow DUI expungement at all.
Does a DUI affect security clearance, professional licenses, or immigration?
Yes — and these consequences don't follow the 7-year rule. Security clearances see the full record. Professional licensing boards (medical, legal, nursing, teaching) require disclosure of any DUI conviction regardless of age. For non-citizens, a DUI can affect visa renewal, green card applications, and naturalization indefinitely.
Worried about the long-term impact?
The complete DUI Next Steps guide covers expungement timelines, insurance recovery, employer disclosure rules, and the exact steps to minimize the long-term damage of a DUI.
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Educational guide — not legal advice. Always consult a qualified attorney for your specific situation.