Can a DUI Be Expunged or Sealed in Georgia?
Introduction
Many people who have been charged with or convicted of a DUI in Georgia eventually ask whether the offense can be removed from their record. This question often comes up years after the case is resolved, when the immediate penalties are long over but the long-term effects are still being felt. Employment applications, background checks, housing screenings, and insurance reviews can all bring an old DUI back into focus.
In Georgia, DUI laws are strict not only at the time of arrest and sentencing, but also when it comes to recordkeeping. Unlike some offenses that may qualify for record restriction or expungement, DUI cases are treated differently under state law. Understanding how Georgia handles expungement and sealing is important for setting realistic expectations about what can and cannot happen after a DUI.
This article explains whether a DUI can be expunged or sealed in Georgia, how state record laws work, and what alternatives—if any—exist. The information here is strictly educational and focuses on how Georgia’s systems handle DUI records over time.
What Expungement and Record Sealing Mean in Georgia
Before looking specifically at DUI cases, it helps to understand what “expungement” and “record sealing” mean in Georgia. Georgia no longer uses the term “expungement” in most situations. Instead, the state uses a process called record restriction.
Record restriction limits who can see certain criminal records. When a record is restricted, it may no longer appear in most private background checks, but it is still visible to law enforcement and the courts. This is different from complete destruction of a record, which is extremely rare.
Record restriction is often available for certain non-conviction cases, such as arrests that did not result in charges, charges that were dismissed, or cases that resulted in not-guilty verdicts. In some situations, even convictions for minor offenses may qualify for record restriction after specific conditions are met.
However, not all offenses are eligible. Georgia law specifically excludes certain crimes from record restriction eligibility, and DUI offenses fall into that excluded category. This distinction is critical when discussing whether a DUI can be expunged or sealed.
How Georgia Law Treats DUI Records
In Georgia, a DUI is classified as a criminal offense, not just a traffic violation. Most DUI convictions are misdemeanors, while a fourth DUI within 10 years is classified as a felony. Regardless of classification, DUI convictions are treated as serious public safety offenses under Georgia law.
Because of this classification, DUI convictions are permanently recorded in Georgia’s criminal history system. Once a conviction is entered, it becomes part of the individual’s criminal record and remains there indefinitely. Georgia law does not provide a pathway to restrict, seal, or remove DUI convictions from this record.
This policy applies to first-time DUIs as well as repeat offenses. Even if the case occurred many years ago, involved no injuries, or resulted in minimal penalties, the conviction is still treated the same for recordkeeping purposes. The state’s approach is designed to ensure transparency and accountability in impaired driving cases.
Can a DUI Conviction Be Expunged in Georgia?
No. A DUI conviction cannot be expunged in Georgia. Under current state law, DUI convictions are specifically excluded from eligibility for record restriction or expungement. Once convicted, the DUI remains on your criminal record permanently.
This rule applies regardless of how much time has passed since the conviction. There is no waiting period after which a DUI becomes eligible for expungement. Completing probation, paying fines, attending DUI education programs, or maintaining a clean record afterward does not change the permanent nature of the conviction.
Georgia’s approach differs from some other states that allow limited expungement or sealing for first-time DUI offenders. In Georgia, the conviction itself permanently remains part of the criminal history that can be accessed during background checks conducted by employers, licensing agencies, and other authorized entities.
What About DUI Arrests Without Conviction?
While DUI convictions cannot be expunged or sealed, situations involving non-convictions are handled differently. If a DUI arrest did not result in a conviction, record restriction may be possible under certain circumstances.
Examples of non-conviction outcomes include:
- Charges that were dismissed
- Cases that resulted in a not-guilty verdict
- Arrests where no formal charges were filed
In these situations, Georgia law may allow record restriction, depending on the facts of the case and the timing of the request. Record restriction limits public access to the record but does not erase it completely.
However, eligibility for record restriction in non-conviction DUI cases is not automatic. The specific outcome of the case, the date of arrest, and whether the restriction is initiated by the court or requires an application all play a role. Importantly, once a DUI results in a conviction, these options no longer apply.
Why Georgia Does Not Allow DUI Expungement
Georgia’s decision to prohibit DUI expungement reflects the state’s emphasis on public safety and repeat-offense prevention. DUI offenses are considered high-risk behaviors with the potential for serious harm, even when no accident or injury occurs.
By maintaining permanent records of DUI convictions, Georgia ensures that courts and law enforcement have full access to a person’s history when evaluating future offenses. This information is used to determine whether an offense is treated as a first, second, or subsequent DUI, which directly affects penalties.
This policy also supports transparency in background checks for certain positions of trust. Employers and licensing boards in fields such as transportation, education, healthcare, and public safety may rely on criminal history information when making decisions. Georgia law prioritizes access to DUI conviction data in these contexts.
Criminal Record vs Driving Record in Expungement Questions
When people ask whether a DUI can be expunged, they are often thinking about their criminal record, but it’s important to distinguish that from a driving record.
A criminal record is maintained by courts and law enforcement agencies and includes arrests, charges, and convictions. As discussed, a DUI conviction permanently remains on this record in Georgia.
A driving record is maintained by the Georgia Department of Driver Services (DDS). DUI convictions remain on a Georgia driving record for 10 years. After that period, the offense no longer appears on the DDS record used for administrative purposes.
This difference can create confusion. While a DUI may eventually no longer appear on your driving record, it still exists on your criminal record and cannot be expunged or sealed. These are separate systems with different rules and timelines.
How DUI Records Affect Background Checks in Georgia
Because DUI convictions cannot be expunged or sealed, they typically appear in criminal background checks conducted in Georgia. Employers, landlords, and licensing agencies often use third-party background check services that access state and national criminal databases.
For many people, the most noticeable impact of an unsealed DUI record is during employment screening. Jobs involving driving, security, childcare, healthcare, or government work may place particular weight on DUI convictions, even if they occurred many years ago.
Georgia does have “Ban the Box” policies for certain public employers, which delay questions about criminal history until later in the hiring process. However, this does not prevent background checks from eventually revealing a DUI conviction.
Because the record cannot be restricted, there is no legal mechanism in Georgia to prevent a DUI conviction from appearing in these checks.
Are There Any Alternatives to Expungement in Georgia?
Since expungement and sealing are not available for DUI convictions in Georgia, there are no direct legal alternatives that remove the record. However, some people focus on mitigating the long-term impact rather than removing the conviction itself.
Examples of mitigation include:
- Maintaining a clean criminal and driving record after the DUI
- Demonstrating long-term compliance with laws and regulations
- Completing all required programs and obligations related to the conviction
- Providing accurate context when disclosure is required
While these steps do not change the record, they may influence how the information is viewed by employers or organizations reviewing a background check. Over time, the age of the conviction may also factor into discretionary decisions, even though the record remains visible.
How Long DUI Information Remains Accessible in Georgia
Because DUI convictions cannot be expunged or sealed, they remain accessible indefinitely on a criminal record. There is no expiration date for criminal record visibility in Georgia when it comes to DUI convictions.
On the driving record side, DUI convictions remain visible for 10 years. During that time, they are used for administrative decisions such as license status, insurance review, and enhanced penalties for repeat offenses.
Even after the driving record retention period ends, the criminal record remains unchanged. This dual system explains why DUI consequences can feel long-lasting, even decades after the original case.
FAQ Section
Can a DUI conviction be expunged in Georgia?
No. Georgia law does not allow DUI convictions to be expunged or sealed under any circumstances.
Is record restriction available for DUI cases in Georgia?
Record restriction may be available only if the DUI case did not result in a conviction. Convictions are not eligible.
Does a first-time DUI qualify for expungement?
No. First-time DUI convictions are treated the same as repeat convictions for recordkeeping purposes.
Will a DUI ever disappear from my criminal record in Georgia?
No. A DUI conviction remains permanently on your criminal record.
Does a DUI fall off your driving record?
Yes. A DUI remains on your Georgia driving record for 10 years, but this does not affect the criminal record.
Can employers see a DUI conviction in Georgia?
Yes. DUI convictions typically appear in criminal background checks.
Why doesn’t Georgia allow DUI expungement?
Georgia prioritizes public safety and transparency for impaired driving offenses, which is why DUI convictions remain permanently accessible.
Conclusion
In Georgia, a DUI conviction cannot be expunged or sealed. Once a conviction is entered, it becomes a permanent part of your criminal record and remains visible to employers, licensing agencies, and law enforcement indefinitely. While a DUI may eventually fall off your driving record after 10 years, the criminal record itself does not change.
To better understand how DUI records affect long-term outcomes, explore our detailed guide on DUI Records And Long Term Impact. For a broader explanation of how long a DUI stays on your record, our mini-hub provides additional context and clarity.