Can OWI Be Expunged in Indiana?
If you've been convicted of Operating While Intoxicated (OWI) in Indiana, you may be wondering whether that conviction will follow you for the rest of your life. The good news is that Indiana's Second Chance law allows certain criminal convictions—including many OWI offenses—to be expunged from your record. Expungement can remove barriers to employment, housing, and professional licensing, giving you a fresh start.
But the process isn't automatic. There are strict eligibility requirements, waiting periods, and procedural steps that must be followed. Understanding how Indiana's expungement laws apply to OWI convictions is essential to determining whether you qualify and how to move forward.
This guide will walk you through the eligibility criteria, the difference between misdemeanor and felony OWI expungement, the legal process involved, and why working with an experienced attorney is critical to your success.
Understanding Indiana Expungement Laws
Indiana Code § 35-38-9 governs the expungement process and is commonly referred to as the Second Chance law. This statute allows individuals with certain criminal convictions to petition the court to seal or expunge their records, making those convictions invisible to most background checks.
Expungement does not erase the conviction entirely. It restricts access to the record, meaning it will not appear in most employment or housing background checks. However, certain government agencies and law enforcement may still have access to expunged records under specific circumstances.
For OWI convictions, expungement can be life-changing. It can help you regain professional licenses, improve job prospects, and move forward without the stigma of a criminal record. But not all OWI convictions are eligible, and the process requires careful attention to detail.
Eligibility Criteria for OWI Expungement
Whether you can expunge an OWI conviction depends on several factors, including the severity of the charge, how much time has passed, and whether you have other criminal convictions on your record.
Waiting Period Requirements
Indiana law requires a specific waiting period before you can file an expungement petition. The length of that waiting period depends on the level of the offense:
Misdemeanor OWI convictions: You must wait at least five years from the date of conviction before filing.
Felony OWI convictions: You must wait at least eight years from the date of conviction before filing.
These waiting periods begin on the date of conviction, not the date of arrest or the date you completed probation. If you were sentenced to jail time, the waiting period starts once the conviction is entered, not when you are released.
Additional Eligibility Requirements
Beyond the waiting period, you must also meet the following conditions:
You have not been convicted of any crime during the waiting period.
You do not have any pending criminal charges.
You have paid all fines, fees, and restitution associated with the conviction.
You are not currently subject to an active protective order or no-contact order.
If you have multiple convictions, the process becomes more complex. Indiana law allows you to expunge multiple offenses in a single petition, but certain combinations of charges may affect your eligibility.
The Difference Between Misdemeanor and Felony OWI
Not all OWI charges are created equal. The severity of your original charge plays a significant role in determining your eligibility for expungement and the waiting period you must observe.
Misdemeanor OWI
Most first-time OWI offenses in Indiana are classified as Class A misdemeanors. These convictions require a five-year waiting period before you can petition for expungement. The process for expunging a misdemeanor OWI is generally more straightforward than for a felony, but it still requires precise legal filings and compliance with all eligibility requirements.
Felony OWI
OWI can be charged as a felony in certain situations, including:
OWI resulting in serious bodily injury (Level 6 felony)
OWI resulting in death (Level 5 or Level 4 felony)
OWI with a prior OWI conviction within the past five years (Level 6 felony)
OWI while operating a commercial motor vehicle with a suspended license (Level 6 felony)
Felony OWI convictions carry an eight-year waiting period and require a more intensive legal process. The court has greater discretion to deny expungement petitions for felony offenses, particularly if the conviction involved injury or death.
If your OWI was initially charged as a felony but later reduced to a misdemeanor through a plea agreement, the waiting period is based on the conviction level, not the original charge.
Step-by-Step Guide to the Legal Process
Expunging an OWI conviction in Indiana requires filing a formal petition with the court and navigating a detailed legal process. Here's what to expect:
Step 1: Verify Eligibility
Before filing, confirm that you meet all eligibility requirements. This includes calculating the exact date your waiting period ends, ensuring you have no pending charges, and verifying that all fines and fees have been paid.
Step 2: Obtain Court Records
You will need certified copies of your conviction records, including the judgment of conviction and any sentencing orders. These documents are necessary to complete your petition accurately.
Step 3: File the Petition
The expungement petition must be filed in the court where the conviction occurred. The petition must include specific information about your conviction, your eligibility, and your compliance with all legal requirements. Any errors or omissions can result in delays or denial.
Step 4: Serve Notice to the Prosecutor
Indiana law requires that the prosecuting attorney be notified of your expungement petition. The prosecutor has the right to object to the petition, particularly if you do not meet the eligibility criteria or if there are concerns about public safety.
Step 5: Attend the Court Hearing
In some cases, the court will schedule a hearing to review your petition. You may be required to appear and present evidence that you meet the eligibility requirements. The court will consider factors such as your behavior since the conviction, your employment history, and any objections from the prosecutor.
Step 6: Await the Court's Decision
If the court grants your petition, the conviction will be expunged and sealed from most public records. If the petition is denied, you may have the option to file again after addressing the reasons for denial.
Why You Need a Legal Expert
The expungement process is technical and unforgiving. Even minor errors in your petition or filings can result in delays or outright denial. Working with an attorney who understands Indiana expungement law ensures that your petition is filed correctly and that you have the best chance of success.
An experienced lawyer can help you:
Confirm your eligibility before filing
Gather the necessary court records and documentation
Draft and file your petition accurately
Respond to objections from the prosecutor
Represent you at any required court hearings
Navigate complex situations involving multiple convictions
Expungement is not guaranteed, but having skilled legal representation significantly improves your chances of clearing your record and moving forward with your life.
Take the Next Step Toward a Clean Record
If you have an OWI conviction on your record and believe you may be eligible for expungement, don't wait. The sooner you begin the process, the sooner you can remove the barriers holding you back.
Call or text (317) 759-3225 to schedule a consultation and discuss your specific case. You can also schedule an appointment using the form below. We'll review your eligibility, explain the legal process, and help you take the first step toward a fresh start.
