Can You Get an OWI Expunged?

An Operating While Intoxicated (OWI) conviction can impact multiple areas of a person’s life, like driving privileges, employment, education, housing, and insurance. In Indiana, it may be possible to remove an OWI from your criminal record through a legal process called “expungement.” However, it depends on the circumstances of the offense and the laws of the jurisdiction.

What Is OWI Expungement?

“OWI expungement” is a legal process that removes a past OWI conviction from public criminal records. This means the record will no longer be visible to most employers, landlords, or background checks. However, law enforcement and certain government agencies may still access it under specific conditions.

What Types of OWI Offenses Can Be Expunged?

Typically, first-time misdemeanor OWI convictions are eligible for expungement. Felony OWI convictions, particularly those involving injury, death, or repeat offenses, are subject to more limitations. Each case is evaluated under state law, and the type of charge significantly influences the outcome.

How Long Must a Person Wait to File for Expungement?

That depends on the type of conviction. In Indiana, drivers with a misdemeanor OWI must wait at least five years from the date of conviction. Felony OWI convictions may require an eight-year waiting period. The person must also have completed all sentencing requirements, including probation, fees, and alcohol education programs.

Can a Repeat OWI Offender Qualify for Expungement?

Repeat offenses make expungement more difficult, but not always impossible. In some jurisdictions, multiple OWI convictions may disqualify an individual from having any of them expunged. Indiana has strict guidelines about expunging multiple convictions, and courts may exercise discretion based on public safety concerns and the individual’s conduct since the convictions.

Will an Expunged OWI Affect Employment Background Checks?

Once an OWI is expunged, it generally will not appear on most employment background checks. Employers conducting a standard criminal history search will not see the expunged offense. However, positions involving public trust, such as those in education, healthcare, or government, may require disclosure or include more comprehensive background reviews.

Is a Lawyer Required to File for OWI Expungement?

Although individuals are allowed to file for expungement without legal representation, the process involves strict deadlines, detailed paperwork, and compliance with state statutes. Errors in the application can result in denial, and the opportunity to reapply may be limited. Many people work with lawyers to avoid procedural mistakes and improve the chances of approval.

Can Expungement Be Denied by the Court?

Yes, courts have the authority to deny an expungement petition. Common reasons for denial include failing to wait until the required period, having pending criminal charges, or not meeting all sentencing obligations. Judges also review whether the individual has demonstrated rehabilitation and whether expungement is in the best public interest.

Does Expungement Restore Driving Privileges?

Expungement of an OWI does not automatically reinstate a suspended driver’s license. The license status is handled separately by the state’s Bureau of Motor Vehicles. Applicants must follow the administrative process for license reinstatement, which may involve fees, reinstatement requirements, or completion of alcohol-related programs.

What Happens if the Petition Is Approved?

If the court grants the petition for expungement, the OWI conviction is removed from public court records. The petitioner will receive a copy of the court order, and state agencies will be notified to update their records. This legal relief can help open doors that were previously closed due to a criminal conviction.

South Bend OWI Lawyers at Wilson & Kinsman, LLC Can Help You Pursue a Clean Slate

Our experienced South Bend OWI lawyers at Wilson & Kinsman, LLC can answer your questions about getting an OWI charge expunged. Call 574-522-1900, book online now, or submit a form for your free consultation. With office locations in Elkhart and South Bend, Indiana, we proudly serve clients in Marshall, LaGrange, Kosciusko, LaPorte, Porter, Lake, Noble, Whitley, Elkhart, and St. Joseph.