There are serious consequences for operating while intoxicated in Indiana. An OWI conviction can even affect employment opportunities and make it difficult to secure housing or loans.
However, Indiana law allows for the expungement of certain convictions, including OWI offenses. Understanding how the expungement process works can help you move forward after a conviction.
Eligibility for OWI expungement
In Indiana, the ability to expunge an OWI depends on several factors. First, you must meet specific time requirements. For a misdemeanor OWI, five years must pass from the date of the conviction. For a felony OWI, the waiting period is longer, usually eight years. You must also have completed all terms of the sentence, including any probation, fines and community service.
It is important to note that if you have multiple OWI convictions, the situation may become more complex. Expungement is generally only available for one conviction, and multiple convictions could make it difficult to qualify.
Steps for expungement
Before seeking expungement, gather all necessary documents related to the OWI conviction. This includes the case number and court records. The next step is to file a petition for expungement with the court that handled the case. Your petition must include information about the conviction and an explanation of why you believe expungement is appropriate.
If the court approves the petition, it will remove the OWI conviction from the public record. However, law enforcement and other specific agencies may still have access to the expunged conviction.
After expunging an OWI conviction, it no longer appears in background checks conducted by employers, landlords or creditors. This can open up new opportunities for employment and housing. It represents a fresh start for individuals who have worked to rebuild their lives after a conviction.