Yes, DUI records are public in every U.S. state. They can be pulled from the court that handled the case, from your state’s motor vehicle agency, from federal court databases when the arrest happened on federal property, and from the commercial background check companies that aggregate all of the above. Who actually sees them depends on the type of record and the rules that govern the requester.
Why These Records Are Open in the First Place
Court proceedings in the United States are presumptively open, and the records those proceedings generate follow the same principle. Arrest logs, charging documents, plea agreements, and sentencing orders are treated as public because impaired driving is a public-safety matter and because employers, licensing boards, and insurers have recognized reasons to know about convictions.
Every state has its own public records law giving residents the right to request government-held documents, including criminal case files. The federal Freedom of Information Act only covers federal executive branch agencies, so it does not apply to the state and local courts where almost all DUI cases are prosecuted.1U.S. Department of Justice. Freedom of Information Act Frequently Asked Questions When you’re trying to access a DUI file from a state court, the state’s public records act is what governs.
A DUI Creates Two Separate Records
This is the point that confuses most people. A DUI conviction generates entries in two different systems that don’t talk to each other.
Your criminal record is built from information reported by police, prosecutors, courts, and corrections agencies. Your driving record is a separate file kept by your state’s DMV, tracking license status, points, suspensions, and traffic-related convictions. The two follow different retention rules and are accessed through different channels.
The practical effect: even if a DUI is expunged from your criminal record, it can still sit on your driving record. Many state DMVs keep a DUI on the driving abstract for 10 years or longer regardless of what happens in criminal court. Anyone pursuing a clean slate has to check both.
Where DUI Records Live and How to Pull Them
The Court That Heard the Case
The court is the most direct source. Dockets list the defendant’s name, case number, charges filed, plea entered, and outcome. Many courts now offer online portals; others still require an in-person visit to the clerk’s office. Coverage varies widely, with some jurisdictions maintaining searchable databases going back decades and others digitizing only recent files. Per-page copy fees are usually a few dollars, with more for certified copies.
The State DMV
Your state motor vehicle agency maintains a driving record, sometimes called a driver abstract, that includes DUI-related license actions such as suspensions, revocations, and mandatory ignition interlock requirements. You can generally request your own abstract through the DMV’s website or in person. Fees for a certified copy commonly fall between a few dollars and around $25, depending on delivery method and the number of years covered. Employers and insurers can request your driving record too, though most states require your written consent or a permissible purpose under state law.
Federal Court Records
DUI arrests on federal property, including national parks, military bases, and federal buildings, are prosecuted in federal court. Those files are available through the Public Access to Court Electronic Records system, or PACER, which lets any registered user search federal appellate, district, and bankruptcy dockets.2United States Courts. Find a Case PACER PACER charges $0.10 per page, capped at $3.00 per document, and waives fees entirely if your account accrues less than $30.00 in a quarterly billing cycle.3United States Courts. Electronic Public Access Fee Schedule The PACER Case Locator allows nationwide searches if you don’t know which federal court handled the case.
Commercial Background Check Services
Private companies pull records from courts, corrections departments, and state agencies into single searchable databases, some containing hundreds of millions of entries. They’re convenient but not always accurate. Records can be outdated, incomplete, or matched to the wrong person. If you’re checking your own record, treat the results as a starting point and verify anything important against the original court or DMV file.
How DUIs Show Up on Employment Background Checks
The Fair Credit Reporting Act sets the rules for what commercial background check companies can put in a report, and the arrest-versus-conviction line matters a lot. An arrest that didn’t lead to a conviction can only be reported for seven years from the date of the arrest. A conviction has no federal time cap. A background check company can report a DUI conviction from 20 years ago if it chooses, unless state law imposes a shorter window.4Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports
Sealed or expunged records are murkier than most people expect. No single federal statute explicitly bars background check companies from reporting expunged convictions. The FCRA requires them to use reasonable procedures to ensure “maximum possible accuracy,” and reporting a legally expunged record arguably violates that standard, but errors happen. Records sometimes linger in private databases long after a court has ordered them sealed.
More than 35 states and 150-plus localities have adopted “ban the box” laws barring employers from asking about criminal history on an initial application. The federal government follows the same practice for its own hiring. These rules don’t prohibit employers from ever considering a DUI, they just push the inquiry to later in the process, usually after a conditional offer.
Who Else Can See a DUI Beyond Employers
Insurance Companies
Auto insurers pull driving records and price accordingly. A single DUI raises premiums by an average of about 77%, roughly $1,163 in extra annual cost, with actual increases running from about 43% to over 300% depending on state and insurer. Most states also require an SR-22 filing after a DUI, certifying you carry at least the state minimum liability coverage. The SR-22 requirement typically lasts three years, longer for repeat offenses, and eight states use their own equivalent form.
Commercial Trucking and Transportation Employers
Anyone who holds a commercial driver’s license faces a much harder problem. Federal regulations require a CDL holder convicted of a DUI, in any vehicle including a personal one on a day off, to be disqualified from commercial driving for one year on a first offense. A second DUI results in a lifetime disqualification.5eCFR. 49 CFR 383.51 – Disqualifications of Drivers CDL holders must also report any DUI conviction to their employer regardless of the vehicle. The National Driver Register, a federal database that tracks license revocations and suspensions across states, makes it effectively impossible to hide a DUI from a prospective transportation employer; records in it are generally accessible for at least three years, and longer if the underlying suspension is still active.6eCFR. 23 CFR Part 1327 – Procedures for Participating in and Receiving Information from the National Driver Register
Courts Sentencing a New DUI
Every state uses a lookback period, sometimes called a washout period, to decide whether a new DUI is treated as a first, second, or subsequent offense. Within that window, a prior counts and enhances penalties. Some states use five to seven years; many, including California, Georgia, New York, Ohio, and Virginia, use ten; Illinois and Texas count for life. The lookback isn’t the same as how long the DUI stays on your record. A state with a 10-year lookback can still keep the conviction on your driving abstract permanently.
Where Public Access Actually Stops
Public doesn’t mean unlimited. Some jurisdictions require a formal written request rather than open online searching. Others restrict access to specific categories of requesters: law enforcement, employers with written consent, or the subject of the record. Juvenile DUI records are sealed or restricted in most states and aren’t available through the same channels as adult records. Some state privacy laws also limit what can be disclosed about pending cases that haven’t resulted in a conviction. Sealed and expunged records come off public-facing databases, though as noted above, they can still surface in private aggregator databases due to update lag.
Getting a DUI Sealed or Expunged
Expungement can reduce a DUI’s long-term visibility, but availability is narrower than people usually assume. Roughly half the states don’t allow expungement of DUI convictions at all, including Alabama, Alaska, Colorado, Florida, Georgia, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Jersey, New York, Ohio, Oregon, Tennessee, and Washington. A governor’s pardon is sometimes the only alternative in those states, and pardons are rare and discretionary.
In states that do allow it, you’ll typically need to satisfy every one of these conditions before filing:
- Complete your sentence in full, meaning fines paid, probation finished, and any court-ordered programs like alcohol education or community service completed.
- Wait out the required period after sentence completion. Five years is common for misdemeanor DUIs; some states require seven to ten.7FindLaw. DUI Expungement How to Get a DUI Off Your Record
- Pick up no new criminal charges or convictions during the waiting period.
- File a petition with the court that handled the original case, usually with a filing fee. A judge reviews your criminal history, post-conviction behavior, and the original offense before deciding.7FindLaw. DUI Expungement How to Get a DUI Off Your Record
Even a successful expungement has limits. It doesn’t necessarily clear the DUI from your driving record, and certain agencies, particularly law enforcement and some licensing boards, may still see sealed files. Felony DUIs are generally harder to expunge than misdemeanors, and repeat offenders are often excluded from eligibility outright.