If you have a DUI charge on your record, you have probably wondered can you expunge a DUI conviction in Indiana. The answer is yes if you meet the eligibility requirements and have not requested an expungement in the past. Understanding your rights and the steps in the process can be complicated, so consulting a Northwest Indiana OWI/DUI lawyer is key to getting your offense wiped from your visible record.
Understanding What Expunging a DUI Means for Your Record
Getting a DUI expunged from your record can free you from the weight of a criminal record. Without having a DUI charge follow you around, you can pursue employment, secure housing and financing, and take other actions more easily.
When a DUI is expunged, it means that your record is sealed, and it is as if you did not commit the crime. Your DUI charge will generally not show up on most traditional background checks. However, government entities, law enforcement, and select parties may conduct more thorough checks that may uncover your past criminal record.
Eligibility Requirements for Pursuing a DUI Expungement in Indiana
To expunge a DUI from your record in Indiana, you must meet the eligibility requirements outlined by the state before you can petition the court to clear your record. These requirements also reflect how long a DUI stays on your record in Indiana and is visible to others.
According to IC 35-38-9-2, if your DUI was charged as a misdemeanor offense, then you must wait at least five years before you can request an expungement. You must also not have committed any new crimes or received new charges. All fines and outstanding fees must be settled before you can request an expungement, as well.
Felony DUI charges require you to wait eight years (IC 35-38-9-3). You must also meet the same requirements of no new charges or crimes, and must ensure all outstanding fees are paid before submitting your request.
How to Expunge Your DUI From Your Criminal Record
You should hire a lawyer to guide you through the legal process to expunge your record. They can help you with the paperwork and advocate for you to help ensure that you can successfully remove your DUI from your record. To expunge your DUI conviction from your record, you must take the following steps outlined in IC 35-38-9-8:
- Complete a petition to expunge your records and include your personal information, your case number, your conviction history, along with other information and evidence
- Submit written consent from a prosecutor to attest that no further charges or crimes have been committed
- File the petition with the court and send a copy to the attorney who prosecuted your case
These requests require substantial information from you, and you must clearly show that you have the right to request an expungement. Work closely with your lawyer to make sure you do not miss critical steps or deadlines.
What Happens Once Your DUI is Expunged
Once your DUI is expunged, your record is sealed and removed from your criminal record. You also do not have to disclose your past offense when interviewing for a job, seeking services from a lender, or trying to secure living accommodations. This allows increased freedom so you are not limited by your past offense.