If you have an OWI conviction on your record in Indiana, you can get your charges expunged from your record in most instances. If applicable, this can help you gain a fresh start and also eliminate the collateral consequences in other areas of your life. Our experienced Northwest Indiana OWI attorneys at The Law Office of Joseph M. Roberts LLC can help navigate the process and provide trusted counsel to ensure all steps are properly fulfilled.
Understanding Expungement in Indiana
Individuals who want to put their charges behind them can apply for expungement. This allows them to petition the court to have the record of their offense sealed or eliminated, so it will appear as if an offense was never committed. The court will review expungement requests by eligible individuals and make a decision regarding the request.
Eligibility for OWI Expungement
According to IC 35-38-9-2, individuals who have been convicted of a misdemeanor OWI charge must wait 5 years from the time of their conviction before they are eligible to request an expungement. For individuals who were convicted of a Level 6 felony OWI, they must wait 8 years before pursuing an expungement request, per IC 35-38-9-3. It is important to be aware, though, that OWI convictions involving catastrophic injuries or death may not be eligible for expungement.
Additionally, individuals should not be involved in any active legal cases where they have charges against them. They also must have fulfilled all the terms of the OWI punishment that they are seeking expungement for, to be eligible.
The Process for Expunging an OWI Conviction
To get your OWI conviction expunged, you should first seek out experienced legal representation who can provide counsel and help you through the process. They will help you complete and file your expungement petition with the court. The petition must be filed within the county where you received your OWI conviction. Your lawyer will also help you gather all necessary supporting documents and records for the court’s review. The court will also review life changes and activities since your conviction when making its decision.
Once your information is submitted to the court, you will also need to provide all applicable parties with notice of your petition. Depending on the response during this phase, you may or may not have to attend an expungement hearing for your case. If your petition is granted, your OWI conviction will be expunged from court records, Department of Correction files, BMV records, and treatment records.
Consult The Law Offices of Joseph M. Roberts LLC Today
Getting an OWI expunged from your record can have a considerable impact on your life. However, navigating the complexities of this process should be handled by an attorney from The Law Offices of Joseph M. Roberts LLC so you can ensure that all requirements are met. Whether you are filing one expungement request or more than one, our team is ready to help you petition the court to seal your records. Contact us today to schedule a free consultation.