What You Need to Know About Expunging a Drunk Driving Conviction in Indiana

A drunk driving conviction can bring about long-term consequences, from limiting career opportunities to tarnishing your reputation. Fortunately, Indiana offers a legal remedy for individuals looking for a clean slate through the expungement process. If you’re an Indiana resident exploring your options to erase a DUI conviction from your criminal record, this guide will walk you through what you need to know.

From understanding eligibility under the Indiana Second Chance Law to taking the critical steps toward expungement, we’ll cover everything you need to reclaim a fresh start.

Call 317-636-7514 for DUI Expungement Assistance in Indiana
Call 317-636-7514 for DUI Expungement Assistance in Indiana

Overcoming a Drunk Driving Conviction With Indiana Expungement

DUI Offenses in Indiana

Driving under the influence (DUI)—often referred to as operating while intoxicated (OWI) in Indiana—is considered a serious offense. Penalties can include hefty fines, license suspension, mandatory alcohol education programs, and even jail time.

But perhaps the most enduring impact is the criminal record. Having a drunk driving conviction on your record can limit professional, housing, and educational opportunities. This is why the ability to expunge certain convictions has become such a life-changing opportunity for many Indiana residents.

What is Expungement?

Expungement is a legal process that allows individuals to have certain convictions or arrests removed—or sealed—from their criminal history. For Indiana residents, this means that once a conviction has been expunged, it is no longer accessible to the public, including employers, landlords, and educational institutions.

Under Indiana’s “Second Chance Law” (Indiana Code 35-38-9), specific crimes, including some DUI offenses, may qualify for expungement. It’s essential to note, however, that expungement doesn’t erase your record entirely—it seals the record from general view but is still accessible to law enforcement and certain government entities.

Eligibility Criteria for Expungement in Indiana

Not every DUI conviction can be expunged under the Indiana Second Chance Law. Here’s a breakdown of the key eligibility criteria:

Type of Conviction:

  • Only certain misdemeanors and felonies are eligible for expungement. DUI convictions that did not involve serious bodily harm or death are more likely to qualify.
  • If the DUI was charged as a felony involving injury or death, it cannot typically be expunged.

Waiting Period:

  • For DUI misdemeanor convictions, a minimum of five years must pass from the date of conviction.
  • For certain felonies eligible for expungement, the waiting period increases to eight years.

Clean Record Requirement:

  • Applicants must not have committed any new offenses during the waiting period.
  • All court-ordered obligations, such as fines, fees, and probation, must be fulfilled.

One-Time Opportunity:

  • Indiana law permits individuals to file for expungement only once in their lifetime. This makes it critical to ensure all eligible convictions are included in your petition.

Felony DUI Restrictions:

  • Felony DUIs involving injury, death, or driving with a suspended license are usually excluded from expungement eligibility.

A consultation with an Indianapolis expungement lawyer can help you evaluate your eligibility and ensure your petition complies with all requirements.

Steps to Expunge a Drunk Driving Conviction

Once you’ve determined your eligibility, follow these steps to move through the expungement process:

1. Gather Necessary Documentation

Collect essential documents for your case, such as:

  • Court records
  • Your criminal history report
  • Proof of completed court orders (such as probation, fines, or counseling)

2. Consult an Expungement Lawyer

Since Indiana has a one-time expungement opportunity for all convictions, it’s crucial to seek the expertise of an attorney who understands criminal record expungement. A criminal defense lawyer can help ensure accuracy in paperwork and avoid errors that could result in denial.

3. File the Expungement Petition

File your petition with the court where the conviction took place. This includes completing and submitting all required forms for drunk driving convictions.

Important considerations:

  • Provide detailed explanations for why you’re requesting expungement.
  • Ensure all fines and fees are paid.

4. Waiting for Court Review

After filing, the court will review your case. This process typically takes several weeks and may require a hearing to evaluate the merit of your petition.

5. Attend the Hearing (If Required)

If a hearing is required, you may be asked to present your case and demonstrate why your record should be expunged. This is another scenario where having an expungement lawyer is invaluable.

6. Court Decision

Once granted, your expunged record will be legally sealed, meaning it will not appear in public searches. Keep in mind that granting of expungement is ultimately at the court’s discretion.

Benefits of Expunging a DUI Conviction

Why go through the hassle of pursuing expungement? Here are some compelling reasons:

  • Improved Career Opportunities: Many employers conduct background checks, and a DUI conviction can limit your chances of getting hired. Once expunged, the conviction will no longer appear on most background checks.
  • Access to Housing and Education: Landlords and educational institutions often screen applicants. Expungement clears this hurdle, making it easier to secure housing and admission.
  • Peace of Mind: A sealed record means no questions about past mistakes. The sense of relief and the confidence to move forward can be life-changing.
  • Restored Reputation: Expunging a drunk driving conviction helps rehabilitate your image in the community, making it easier to engage in personal and professional relationships.

Challenges and Common Misconceptions

While expungement offers numerous benefits, there are challenges and myths to be aware of:

  • Expungement Erases the Record Completely: No—it seals the record from public view, but law enforcement and certain government agencies retain access.
  • The Process is Automatic or Easy: Many believe that expungement is as simple as filing a request. The truth is, the process can be complicated, with exacting standards and legal nuances.
  • All Convictions Qualify: Expungement is a privilege, not a right. Not all drunk driving convictions qualify under the Second Chance Law.
  • It’s Too Expensive:While there are filing fees and potential legal costs, the long-term benefits of expungement (employment, housing, peace of mind) far outweigh the initial investment.

Take Back Control of Your Future

Expunging a drunk driving conviction in Indiana can dramatically transform your life, offering a renewed sense of freedom and opportunity. While the process requires diligence and precision, the benefits far outweigh the costs.

If you’re ready to take the first step toward clearing your criminal record, consult with an experienced expungement lawyer to ensure a smooth process. They’ll help you avoid pitfalls, meet eligibility requirements, and successfully file your petition.

Don’t live with the consequences of one mistake forever—explore your options under the Indiana Second Chance Law and move forward with confidence. Contact our Indianapolis criminal record expungement lawyers to learn how to begin your petition, today. Our expungement fees start as low as $850, and we never charge for initial consultations.

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Can I Expunge a DUI Conviction in Indiana?
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Mistakes to Avoid When Pursuing Criminal Record Expungement in Indiana

Can I Expunge a DUI Conviction in Indiana?

For most, one DUI conviction is all it takes to never drive under the influence ever again. But no matter how many years you maintain safe driving integrity, no amount of time will erase your conviction. Not only can a criminal record hold you back in your schooling and career, it can also impact your eligibility for rental housing, loans, dating, and much more. If you are steadfast on improving your quality of life and increasing your annual income, it is in your best interest to clean up your DUI record. One way you may be able to do that is by taking advantage of a new law recently passed in Indiana that allows those who qualify to seal or expunge their criminal records.

Continue below to learn more about this law, and how it might be able to hide your DUI from potential employers, licensee offices, landlords, loan officers, school admissions offices, and even a blind date.

DUI Criminal Record Expungement Indiana
DUI Criminal Record Expungement 317-636-7514

Indiana’s Second Chance Law

Indiana’s Second Chance Law can provide you with some much need relief when it comes to improving your quality of life after a DUI conviction. With a DUI or OWI on your criminal record, you can have trouble applying for college or graduate school, obtaining professional licenses, being approved for a loan, renting a place to live, and even dating. Nowadays, accessing someone’s criminal history is a simple as visiting a website and entering their name.

These background checks and criminal history scans are typically free, but the more comprehensive ones come with a fee. Virtually anyone can access your DUI record with just a few punches in the keyboard. Subsequently, this can adversely affect your life in many ways, as demonstrated above. With Indiana’s Second Chance Law, you can possibly have your record sealed from public access or expunged from your record.

Learn if You Qualify for DUI Expungement or Sealing in Indiana

To be eligible for criminal record expungement, you must pass certain criteria. For instance, a certain number of years must pass before you can petition. Furthermore, an applicant can only file once. If the petition is done incorrectly, or even a name is misspelled, the petition will be denied, and you lose your chance of filing forever. This is why it is vital to enlist the services of a licensed attorney, familiar with your state’s new expungement laws, to facilitate the entire process to ensure that everything is done properly.

Call Our Indiana Expungement Lawyers Today

Call 317-636-7514 if you have a DUI conviction in Indiana that you would like to expunge or seal. Our law firm is well-versed in the Indiana criminal record expungement laws, and charges as low as $850 for our services. Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process.