A driving under the influence (DUI) or operating while intoxicated (OWI) conviction can stay on your record in Indiana permanently if it is not expunged. You may petition for expungement five years after a misdemeanor conviction or eight years following a felony conviction. If your expungement request is successful, you can legally deny or choose not to acknowledge the existence of your criminal conviction.
What Determines How Long a DUI Stays on Your Record in Indiana?
Your case outcome can dictate whether your OWI stays on your record. If you accept a plea bargain or are found not guilty, you may not face a criminal conviction. Because of this, you may not have to worry about your conviction appearing on your record. However, if you’re convicted, your criminal offense may show up on your record and stay there for years.
Generally, a criminal conviction may stay on your record for five to 10 years. If you don’t pursue expungement, this conviction could remain on your record for the rest of your life. Having your conviction on your record can impact you in several ways, including:
- Keeping you from landing a job
- Restricting your ability to travel internationally
- Prompting your auto insurance company to raise your rates
The Fair Credit Reporting Act (FCRA) can limit the lookback period for background checks to seven years. Based on this, in many states, if an employer performs a background check and an individual was convicted of a DUI more than seven years ago, they may not see the conviction. Meanwhile, in Indiana, an employer could see your OWI conviction on a background check 10 years or more after you were convicted.
How to Get a DUI Expunged in Indiana
To expunge your criminal history, you will have to wait five or eight years, depending on whether you were convicted of a misdemeanor or felony OWI. In addition, you have to pay all court fines, fees, and restitution, and you can’t have any pending criminal charges.
If you meet the requirements for expunging your criminal record, have a Northwest Indiana DUI lawyer file your petition for expungement in court in the county where you were convicted. Your attorney can submit court files, criminal history records, driving records, and other evidence with your petition.
If your expungement request is granted, a local court will send a verified petition and an order approving your petition to the Indiana State Police Department Expungement Section. Next, the Expungement Section will process the order, and your criminal conviction will be removed from your record.
When your record has been expunged, information about your conviction will be sealed. This protects you from having your conviction used against you if you apply for a job, request a professional license, buy a home, or want to achieve other life milestones.
OWI Expungement Restrictions That You Need to Know About
If you were convicted of an OWI that resulted in injury or death, it is highly unlikely that your expungement request will be approved. Per Indiana Code § 9-30-5-5, this offense is a Level 5 felony if it leads to injuries or a Level 4 felony if it results in death.
There is often a one-time rule that applies to expungement in Indiana. If you previously had a criminal conviction expunged, you may not be eligible to have your OWI removed from your record.