DUI Expungement in Indiana

November 18, 2022

By Keffer Hirschauer LLP

DUI Expungement in Indiana 

If you’ve been convicted of drunk driving in Indiana, there’s no need to carry the weight of your past mistake. DUI expungement in Indiana is very common, and the process is often quite simple if you hire the right Indiana DUI expungement attorney. If you’d like to legally seal your criminal records, thus removing any unnecessary roadblocks in your life, call Keffer Hirschauer LLP today at 317-857-0160 or complete our online contact form to schedule a free consultation. Our Indiana expungement lawyers are among the best in the state of Indiana. In fact, we believe so strongly in our services that we offer a money-back guarantee to qualifying clients on all expungement services.

What is DUI Expungement in Indiana?  

DUI expungement in Indiana is the legal process of sealing the records detailing your criminal history. Expungements are vital to helping individuals move forward with their lives following an arrest, charge, or conviction. This is because criminal records in Indiana can be accessed by landlords, courts, licensing organizations, and potential employers; all of whom can ask you questions about your criminal history and access your record through background checks or the state’s online case history portal. However, if you are able to obtain a DUI expungement in Indiana, those records would be sealed from all but law enforcement and those otherwise entitled to access. Furthermore, you would no longer be legally obligated to answer questions from prospective employers, landlords, or lending authorities about your criminal past.

It should be noted that DUI expungement in Indiana is a one-time event. This means you can only request expungement in Indiana once, and all of the records you wish to have expunged must be listed on your petition. If you want to expunge records in different counties across the state, you’ll need to file a separate, consolidated petition for expungement in each county where an arrest, charge or conviction occurred; and all petitions must be filed within a one-year period. 

Given the restrictions and complexities of Indiana DUI expungement law, working with an experienced expungement attorney is vital to ensuring that your request covers as much of your criminal history as possible, meets all the requirements of the Indiana Rules of Trial Procedure, and is appropriately and timely filed.

Am I Eligible for DUI Expungement in Indiana?  

Most individuals who have been arrested, charged or convicted of drunk driving in Indiana are eligible for DUI expungement. However, individuals who have been convicted of a drunk driving offense that resulted in the death or serious bodily injury of another person run the risk of not having their expungement granted by the court. To learn more, see our chart detailing Indiana’s Sealing/Expungement Law.

DUIExpungmentIndiana

Expungement for Misdemeanor and Reduced Felony DUIs 

Depending on the circumstances of the offense, most first-time DUI convictions in Indiana are either a Class A Misdemeanor  or a Class C Misdemeanor. Offenders who fall within this category are eligible for DUI expungement in Indiana once they satisfy the following requirements:  

  • 5+ Years Since Date of Conviction 
  • No Conviction within 5 Years Since Requesting Expungement 
  • No Pending Criminal Charges 
  • All Fines, Fees, Court Costs and Restitution Orders Have Been Paid 
  • Expungement Filing Fee Has Been Paid 
  • If all of the above requirements have been met by the offender and the individual otherwise qualifies, the court must grant the request to expunge the misdemeanor conviction.  

In addition, these eligibility requirements listed above apply for offenders convicted of a Level 6 Felony DUI who have successfully had their successfully had their conviction reduced through Indiana Alternative Misdemeanor Sentencing.

Expungement for Class D/Level 6 Felony DUIs  

Per the Indiana Felony DUI Laws contained in Indiana Code 9-30-5, a DUI in Indiana may be classified as a Class D/Level 6 felony if it is the offender’s second DUI within a seven-year period of time; or  

the offender killed a law enforcement animal while operative a vehicle with a BAC of .08+ or with a Schedule I or Schedule II controlled substance (or it’s metabolite) in their blood. Furthermore, a DUI may be classified as a Class D/Level 6 felony if the offender is at least 21 years old and committed a DUI with at least one passenger under the age of 18; and any one of the following:  

  • Operated a vehicle with a BAC of at least .15 
  • Operated a vehicle with a specified Schedule I or Schedule II controlled substance (or it’s metabolite) in their blood  
  • Operated a vehicle in a manner that endangers a person 

For those convicted of Class D/Level 6 Felony DUI that did not result in bodily injury, the expungement eligibility requirements are as follows:  

  • 8+ Years Since Date of Conviction 
  • No Conviction within 8 Years Since Requesting Expungement 
  • No Pending Criminal Charges 
  • All Fines, Fees, Court Costs and Restitution Orders Have Been Paid 
  • Expungement Filing Fee Has Been Paid 

  If all of the above requirements have been met by the offender, the court must grant the request to expunge the misdemeanor conviction.  

Serious Felony Expungement

In Indiana, serious felony DUIs are considered to be Class C or Level 5 felonies or higher. Offenses that fall within this category are outlined in Indiana Code 9-30-5-3, Indiana 9-30-5-4, and Indiana Code 9-30-5-5. Generally, these offenses involve serious bodily or catastrophic injury to another person; or a new DUI offense with a prior conviction that involved the serious bodily or catastrophic injury of another person.

For those convicted of a serious felony DUI, the expungement eligibility requirements are as follows: 

  • 8+ Years Since Date of Conviction OR 5 Years Since Sentence Completion (Whichever is Later)  
  • No Conviction within 8 Years Since Requesting Expungement 
  • No Pending Criminal Charges 
  • All Fines, Fees, Court Costs and Restitution Orders Have Been Paid 
  • Expungement Filing Fee Has Been Paid 
  • Prosecutor Approval  

Given that serious DUI felonies require prosecutor approval, it’s important to remember that these are not all slam-dunks. It’s not uncommon for courts to not grant an expungement to those convicted of a serious felony DUI. Therefore, if you’ve been convicted of a DUI that resulted in the serious bodily injury of another person, you should consult with an experienced Indiana expungement lawyer regarding your eligibility and how to best petition the court. If you’d like to speak with one today, call Keffer Hirschauer LLP at 317-857-0160 or complete our online contact form to schedule a free consultation. 

The Limits of Indiana DUI Expungement

Despite what most may think about expungement, it rarely results in the physical destruction of records. However, it does limit most access to criminal records and seals those records from anyone without a court order for access to the records or a law enforcement officer acting within the course of duty. 

Expunged DUI arrest records are placed under seal, and for arrests that resulted in a related or collateral action, the court records of that case will also be redacted to remove the individual’s name. Expunged misdemeanor and Level 6 felony records are treated as follows: 

When a serious felony conviction is expunged, those records are treated quite differently. Major felony records, including records of collateral actions, remain on the public record, but are marked “expunged.” Furthermore, the State police, Bureau of Motor Vehicles, and any other law enforcement agency with records related to a Level 5 felony or higher must add a specific notation to their records regarding the case stating that it’s been expunged.  

How an Indiana Expungement Attorney Can Help 

Carrying the weight of a DUI conviction in Indiana can make it very difficult for someone to find a good job, find quality housing, or even obtain loans. It may also prevent them from being able to purchase or carry a firearm. However, it’s important to know that thanks to DUI expungement in Indiana, your past DUI doesn’t have to define you forever. With the help of an Indiana DUI expungement attorney, you can clean up your record and move forward with your life.

The Indiana DUI Attorneys at Keffer Hirschauer LLP routinely guide clients through the process of expungement. We can help you with all aspects of the expungement process: 

  • Confirming Your Eligibility for Expungement 
  • Gathering All Case Records 
  • Researching Your Criminal Past 
  • Gathering All Necessary Court Documents 
  • Preparing the Expungement Petition 
  • Arguing on your Behalf in Court 
  • Distributing Your Notice of Expungement to all Applicable State Entities 

Ready to Begin Working on Your Expungement?  

Given the connected world that we live in today, your criminal history, or even just a record of an arrest, has the potential to follow you for the rest of your life and tarnish your reputation. It can keep you from certain jobs, firearms licenses, and other privileges. But it doesn’t have to be that way, thanks to expungement in Indiana.  

If you’re truly ready to move forward with your life, it’s time to act. To determine your eligibility to file for DUI expungement in Indiana and permanently seal your criminal records, you need to contact an Indiana expungement attorney from Keffer Hirschauer LLP as soon as possible. We stand ready to provide our clients with trusted representation and accurate information regarding their eligibility to file. Our firm can answer any questions you have regarding record sealing and help provide a favorable resolution to your case.  

Ready to take action? Take advantage of our no-risk, money-back guarantee on qualifying misdemeanor and felony expungement services. Call our Indiana expungement attorneys today at 317-857-0160 or complete our online contact form to schedule your free consultation.  

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