How Can I Erase My Drunk Driving Record?

Were you arrested for or convicted of operating a vehicle while intoxicated (OWI) in Indiana, and are you hoping to have this arrest or conviction removed from your record? There are many people who are in this position, especially when years have passed since an arrest or conviction and their criminal record is still affecting their job prospects and other matters in everyday life. If you were arrested for an OWI or you were convicted and served your sentence, you may be wondering if it is possible to have your drunk driving record erased and, if so, what steps you need to take in order to do it.

This issue is governed by Indiana’s record sealing and expungement law under IC 35-38-9. Under this section of the Indiana Code, it may be possible to have your record cleared depending on the details of the case. Our Indianapolis OWI defense and expungement lawyers can explain in more detail.

Having Your OWI Arrest Record Sealed or Expunged

If you were arrested for an OWI but you were never convicted and you are not participating in a pretrial diversion program, and it has been more than one year since the date of your arrest, you can likely have your OWI arrest record expunged under IC 35-38-9-1.

It is important to understand that having your record expunged under Indiana law actually means that the record is sealed from public viewing, but the record is not destroyed entirely. Members of the public will not find your record when they conduct a search, for example. However, law enforcement officials will still be able to see that the record existed.

Having Your OWI Conviction Sealed or Expunged

Having an OWI conviction removed from public view is a more complex process. First, it is essential to know that if you were convicted of an OWI offense that resulted in another person’s serious bodily injury or death, then you may be ineligible to have your record expunged.

If your OWI conviction did not involve serious bodily injury to or the death of another person, the requirements for expunging the conviction will depend on the specific charge. If you were convicted of a misdemeanor (from a Class C to a Class A misdemeanor), the following is required for expunging the conviction:

• At least 5 years have passed since the date of your conviction;
• You have not been convicted of another offense in the last 5 years;
• You have no criminal charges pending against you; and
• You have paid all fines, fees, and associated monetary requirements associated with your conviction.

If the above are true you can pay the expungement filing fee and move forward with your expungement. If your OWI conviction was a Class D or Level 6 felony, then the following requirements must be met:

• At least 8 years have passed since the date of your conviction;
• You have not been convicted of another offense in the last 8 years;
• You have no criminal charges pending against you; and
• You have paid all fines, fees, and associated monetary requirements associated with your conviction.

For more serious OWI felony convictions, you will need to meet the above requirements and you will need to obtain prosecutor approval.

Contact Our Indianapolis Expungement Lawyers for Assistance 

Do you need help removing your OWI arrest or conviction from your record? If you meet the requirements, you may be able to get a fresh start. It is important to seek advice about record sealing and expungement from one of the experienced Indianapolis expungement attorneys at Rigney Law LLC to ensure that you meet the requirements and that you take all necessary steps to have your record sealed.

Sources: 

in.gov/ipdc/files/TITLE35_AR38_ch9.pdf

indy.gov/activity/second-chance-law