A common question among individuals charged with a DUI, convicted of a DUI or participating in the DUI diversion program, is, "Can I expunge my DUI?"
Expunging a conviction means setting it aside so that it appears you never had a conviction. People often think of this in terms of “falling off my record.”
Let’s start first with a DUI conviction. Certain convictions are expungable (or eligible to be set aside) if specific factors are met. Unfortunately, driving offenses are not expungable, thus a conviction for a DUI is not expungable. A case that has been dismissed through the DUI diversion program also is not eligible to be expunged for the same reason that a DUI conviction is not expungable…driving offenses are not expungable.
Thus, participation in the diversion program will always show on your record. However, it is important to remember that if you successfully complete diversion, no conviction will be entered and the case will be dismissed with prejudice.