Expungement of 35-Year-Old Misdemeanor DUI Records USA

I. Introduction

Many Filipinos who lived, studied, or worked in the United States years ago worry about an old misdemeanor DUI (Driving Under the Influence) showing up when they:

  • Apply for a US visa or other foreign visas,
  • Migrate or adjust status abroad,
  • Answer questions in government forms that ask: “Have you ever been convicted of a crime?”

A common situation:

“I had a misdemeanor DUI in the US around 35 years ago. I’ve been law-abiding since. Can that record be erased or expunged? How does this affect me now, especially as a Filipino living in or from the Philippines?”

This article explains, in plain language, how expungement of an old DUI generally works in the United States, and how it connects to Philippine-related concerns like immigration, disclosures, and background checks.

Very important: US expungement law is state-specific. There is no single nationwide rule. What is possible in one state (e.g., California) may be impossible in another (e.g., a state that never expunges DUI convictions).

II. Basic Concepts: DUI, Conviction, and Expungement

1. What is a misdemeanor DUI?

In most US states, a first-offense DUI (driving while intoxicated by alcohol or drugs) is a misdemeanor if:

  • No one was seriously injured or killed,
  • There were no extreme aggravating factors (very high blood alcohol level, children in the car, etc.),
  • It was not a repeat offense under that state’s law.

A misdemeanor is a criminal offense less serious than a felony, but still a crime, often punishable by:

  • Short jail time,
  • Fines,
  • License suspension,
  • Probation, alcohol programs, etc.

So: if you pleaded guilty, “no contest,” or were found guilty, you likely have a criminal conviction on record, even if long ago.

2. What is “expungement”?

The term expungement in US law is used broadly but can mean different things depending on the state. Common ideas include:

  • “Wiping out” a conviction from the person’s court record,
  • Sealing records from public view,
  • Marking the case as “dismissed,” “set aside,” or “vacated” after successful completion of sentence.

However, expungement is not magic deletion. Even in states that allow it:

  • Certain records may still be accessible to law enforcement and courts,
  • Some government agencies (immigration, licensing boards) may still see or consider the underlying conduct,
  • You may still need to disclose it when a form asks “ever convicted,” depending on the exact wording and the law.

3. Why does the age of the case (35 years old) matter?

A 35-year-old case typically means:

  • Any waiting periods required by law (e.g., “10 years after completion of sentence”) are already over.
  • The person may have a long, clean record afterwards, which helps in discretionary decisions.
  • But if the state law absolutely prohibits expungement of DUI, then even 100 years will not help.

So: time helps, but only within the framework of that specific state’s statute.

III. US Legal Framework: State-By-State Rules

There is no federal expungement law for state DUI convictions. Instead:

  • Each state decides

    • whether DUI can be expunged,
    • the conditions,
    • procedures,
    • and effects.

Broadly, states fall into these patterns:

  1. States that allow expungement / set-aside of some misdemeanors, including certain DUIs

    • Usually require:

      • Completion of sentence (jail, probation, fines, programs),
      • No new criminal convictions for a set period,
      • Payment of fees, sometimes a hearing.

  2. States that allow expungement of some misdemeanors, but expressly exclude DUI

    • In these states, DUI is carved out as a non-expungeable offense.
    • Even with a perfect record for 35 years, the conviction stays.

  3. States that focus more on “sealing” rather than true expungement

    • Records are not visible to the general public, but may still be accessible to:

      • Courts and prosecutors,
      • Certain government agencies,
      • Sometimes employers in sensitive industries.

  4. States that have special rules for youthful or juvenile offenders

    • A DUI committed as a minor may be handled more leniently,
    • Some juvenile records are sealed or expunged automatically or upon petition.

Because of these variations, the very first legal question is:

In which US state did the DUI conviction occur?

The answer determines almost everything: eligibility, procedure, and result.

IV. Typical Requirements to Expunge a 35-Year-Old Misdemeanor DUI

While specifics differ, many states with expungement or similar relief share common patterns. For an old misdemeanor DUI, the law often expects:

  1. Completion of sentence long ago

    • Jail time (if any) served,
    • Probation completed,
    • Fines, restitution, and program fees paid,
    • Alcohol / DUI classes completed.

  2. No subsequent serious criminal record

    • Many statutes require that, after the conviction, the person has not been convicted of other crimes (sometimes excluding minor traffic infractions).
    • A 35-year clean record is often a strong positive factor.

  3. Waiting period

    • Some states have specific waiting periods (e.g., X years from completion of sentence) before one can apply.
    • With 35 years elapsed, these are almost always satisfied.

  4. Filing a petition in the court of conviction

    • Petitioner (or their lawyer) files a formal request with the same court where the DUI case was decided.

    • Supporting documents may include:

      • Proof of completion of sentence,
      • Clean record,
      • Evidence of rehabilitation (work history, community involvement, etc.).

  5. Notice to prosecutor and possibly a hearing

    • Prosecutor (District Attorney or similar) may oppose or consent.
    • A judge may schedule a hearing and decide based on the law and circumstances.

Again, in some states, all of this is impossible for DUI because it is excluded by statute; in others, it is possible and quite routine, especially for very old misdemeanors.

V. Effects of Expungement or Similar Relief

If a court grants expungement, sealing, or set-aside for a misdemeanor DUI, typical effects (depending on state law) include:

  1. Court record is modified

    • The case may be marked “dismissed,” “set aside,” or “expunged,”
    • Public searches may no longer show a conviction, or the record may vanish from public access systems.

  2. Private background checks may no longer see the conviction

    • Many commercial background check companies rely on public court databases.
    • If the record is expunged/sealed or older than the reportable period under consumer reporting laws, it may not appear.

  3. You may legally answer “No” to certain questions—within that state’s rules

    • Some state laws allow you, after expungement, to say you have not been convicted for most private employment purposes.

    • However, there are usually exceptions, especially for:

      • Law enforcement jobs,
      • Jobs working with vulnerable populations,
      • Government positions,
      • Professional licensing.

  4. Law enforcement and courts often still see it

    • If you get arrested again, the prior DUI may still be visible and count as a prior offense in sentencing, depending on state law.

  5. No automatic effect on federal or immigration decisions

    • For US federal agencies (including immigration) or foreign immigration authorities, an expungement may not erase the fact of the conduct.
    • Many immigration systems look at the underlying behavior, not just whether the state record is labeled “expunged.”

VI. Philippine-Related Concerns: What Does This Mean for a Filipino?

Now, viewed from a Philippine context, you might worry about:

  1. Philippine criminal records (NBI clearance, police clearance)

    • A DUI conviction in the US is a foreign conviction, not a Philippine one.
    • A typical NBI clearance reflects cases filed in the Philippines, not foreign court records.
    • Therefore, your US DUI usually does not appear on NBI unless it somehow led to a case in a Philippine court (very rare for a US-based DUI).

  2. Answering “Have you ever been convicted?” in foreign visa forms

    • Many foreign visa applications (especially for the US or other Western countries) ask about any conviction anywhere in the world.
    • Even if the conviction is 35 years old or expunged, you may still need to answer truthfully, depending on the law and the exact question.
    • For example, if the question is “Have you ever been convicted, arrested, or charged for any offense?”, the word “ever” is critical.

  3. Effect on US visa or immigration

    • A single, old misdemeanor DUI without serious injury is usually not a crime involving moral turpitude.

    • However, it can still raise issues like:

      • Possible medical evaluation for alcohol abuse,
      • Need to explain the circumstances at the visa interview.

    • Expungement may help present you in a better light, but immigration law often sees past the expungement and evaluates the underlying conduct.

  4. Disclosures in job applications abroad

    • Foreign employers may:

      • Ask if you’ve ever been convicted,
      • Order background checks in the US.

    • If the record is expunged, older than common reporting periods, or hard to locate, it might not appear—but you still face the question of truthful disclosure.

  5. Moral and practical perspective

    • For many Filipinos, the primary concern is “Makakahadlang ba ito sa visa/greencard ko?”

    • Legally and ethically, it is safer to:

      • Disclose truthfully when asked about “ever” having a conviction,
      • Mention that it was a 35-year-old misdemeanor DUI, successfully completed sentence, no repeats, and, if applicable, expunged by the state court.

VII. How a Filipino Can Start the Process

If you are in the Philippines and your DUI was in the US decades ago, a typical roadmap looks like this:

  1. Identify the exact state and court of conviction

    • Example: Los Angeles County (California), Cook County (Illinois), etc.
    • Old paperwork, court receipts, or contact with the state’s court clerk can help.

  2. Request a copy of your case record

    • You or a lawyer can request court records (case docket, disposition).
    • Some courts have online systems for older records, others require written or in-person requests.

  3. Consult a US lawyer licensed in that state

    • You need an attorney who knows that state’s expungement/sealing laws, especially as they apply to DUI.
    • Many lawyers offer remote consultations (email, video).

  4. Check eligibility under that state’s law

    • Is misdemeanor DUI expungeable or set-aside?
    • Are there prior offenses, or is this the only one?
    • Has enough time passed, and is the record otherwise clean?

  5. File the petition (often through your lawyer)

    • Your lawyer prepares and files a petition for expungement/sealing/set-aside with the proper court, following local procedures.
    • You may or may not need to appear personally; sometimes the lawyer can appear on your behalf.

  6. Wait for court decision

    • If granted, obtain certified copies of the order for your records and for use in explaining your situation to immigration or employers if needed.

VIII. Limits and Misconceptions

  1. “It’s 35 years old, so it must have disappeared automatically.”

    • Not necessarily.
    • Many US courts keep records for decades, and criminal convictions usually do not automatically vanish.

  2. “If it is expunged, it never legally happened.”

    • In everyday employment contexts within that state, sometimes yes, you can be treated as if there was no conviction.
    • But for immigration, government licensing, or when asked about “ever”, the underlying conduct often still matters.

  3. “NBI clearance is clean, so I can act as if it doesn’t exist.”

    • NBI clearance only shows Philippine cases.
    • Foreign forms asking about global criminal history require you to consider all convictions worldwide, including old US ones.

  4. “I can file for expungement myself without legal help.”

    • Technically sometimes yes, but:

      • Rules are technical,
      • Each state has its own forms and statutes,
      • Errors can delay or sabotage your petition.

    • For something this important and old, professional help is strongly advisable.

IX. Practical Tips for Someone with a 35-Year-Old DUI

  • Gather information first:

    • Exact state, court, year, and case number if possible.

  • Order records:

    • Court docket, disposition, sentencing order.

  • Check your broader record:

    • Ensure there were no later criminal convictions that might block eligibility.

  • Think ahead about disclosure:

    • Even if expunged, plan how you will truthfully and briefly explain the incident in visa interviews or forms.

  • Maintain honesty and consistency:

    • Give the same basic facts across all forms (Philippine and foreign), even if the level of detail varies.

X. Key Takeaways

  • Expungement of a 35-year-old misdemeanor DUI in the USA depends entirely on the state where the conviction occurred. Some states allow it; others do not, especially for DUI.
  • The age of the case and a clean life afterward are strong factors but cannot override explicit statutory bans.
  • For Filipinos, the main impact today is usually on foreign visa applications and background checks, not on Philippine criminal records.
  • Even with expungement, you may still need to disclose the conviction when asked if you have ever been convicted of a crime, especially for immigration or official purposes.
  • Because the consequences can affect your ability to travel, work, or immigrate, consulting a US lawyer in the state of conviction is essential before making assumptions or omitting information.

Legal Disclaimer: This article provides general information only and does not create a lawyer–client relationship. It is not legal advice for any specific case. Expungement rules are highly technical and state-specific. Anyone with a real DUI case—especially with immigration or international implications—should consult a licensed US attorney in the state of conviction, and when relevant, an immigration lawyer, to receive advice tailored to their particular situation.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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