I can only give you my opinion but I believe that the latest flash has cleared up 07. 5 -09 emmissions issues pretty darn well. If some are still having issues on other forums are they flashed to the latest software? The 08's did not have to go thru near as much as the 07. 5 owners but Dodge and Cummins have done and still do a good job of correcting any issues that come up. I think if you are looking to get one you should not worry about the emissions to much and if you are then buy new and get the warranty. I love my '09 emissions and all.