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.

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Testimonials

Read what our former clients have to say:

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.