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Your Guide to OWI Expungement in Indiana  

If you’ve been convicted of drunk driving in Indiana, there’s no need to carry the weight of a criminal record. Through Indiana expungement law you can request to seal the records related to most arrests, charges, or convictions. If granted, this will allow you to move forward in life without the added weight of your past mistakes.  

OWI expungement in Indiana is very common and the process is rather straight forward, provided that you choose to work with an experienced Indiana expungement attorney. So, if you’re ready to begin the next chapter in your life, without the burden of your past conviction(s), contact the expungement lawyers at Keffer Hirschauer LLP today. We have an entire team dedicated to helping guide clients through the Indiana expungement process in a precise, yet timely manner. Plus, we’re so confident in our Indiana DUI expungement services that we offer a money-back guarantee on qualifying expungement services—a win-win for those clients!  

To speak with a member of our expungement team today, call 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 and stand ready to help you seal your criminal records.  

Move Forward Through Expungement in Indiana

The Basics of OWI Expungement in Indiana   

OWI expungement in Indiana is a legal process that allows an individual to seal the records that detail their criminal past, helping them move forward and start the next chapter in their lives. The importance of expungement stems from the fact that your criminal record can be accessed through background checks or the state’s online case history portal. While this may not seem like a big deal, especially for those with only a first-time DUI on the record, it’s important to understand that these records are typically sought by landlords, loan officers, licensing organizations, and potential employers; all of whom may ask questions about your criminal history.  

However, if you’ve been granted an OWI expungement in Indiana, that conviction will often not show up in public records databases. Similarly, if a job application asks you about the existence of a criminal record, you no longer need to share the details about being convicted of an OWI in Indiana. Furthermore, for those convicted of a felony DUI in Indiana, certain rights like the ability to vote and to own/carry a firearm can be restored.   

Indiana Expungement Limits 

While OWI expungement in Indiana may seal your criminal records, it rarely results in the physical destruction of records. Instead, if you’ve successfully been granted an OWI expungement in Indiana for a misdemeanor and Level 6 felony conviction, the state repository for criminal history information shall be ordered to seal your expunged records, including records related to any collateral action such as a civil forfeiture case. In addition, the Indiana Department of Correction, the Indiana Bureau of Motor Vehicles, and any law enforcement agency or person who incarcerated, prosecuted, or provided treatment or services to you, pursuant to a court order, will be ordered not to release the any of your records or information about you.  

It is important to note, however, that when you have a serious felony conviction expunged, those records will be 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.   

Who is Eligible for OWI Expungement in Indiana?   

If you have been arrested, charged or convicted of drunk driving in Indiana, you’re most likely eligible for OWI expungement in Indiana. However, the amount of time you’ll need to wait prior to requesting expungement will vary based on the nature and seriousness of the offense(s) you wish to have expungement. Furthermore, pursuant to Indiana Code 35-38-9, if you’ve been convicted of a felony offense that either resulted in the serious bodily injury or the death of another person, your petition for expungement may not be granted by the court. To learn more, see our chart detailing Indiana’s Sealing/Expungement Law.  

  

Indiana DUI Expungement for Misdemeanor and Reduced Felony DUIs  

Generally, most first-time OWI convictions are either a Class A Misdemeanor  or a Class C Misdemeanor. If you fall within this category, the court MUST grant your request for OWI expungement in Indiana if you meet the following standards: 

  • 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 

In addition, these eligibility requirements listed above also apply to individuals convicted of a Level 6 Felony OWI who successfully had their conviction reduced via Indiana Alternative Misdemeanor Sentencing.  

Indiana DUI Expungement for Class D/Level 6 Felony DUIs   

Per Indiana Code 9-30-5, an OWI in Indiana may be classified as a Class D/Level 6 felony if it is the offender’s second OWI within a seven-year period of time; or the offender killed a law enforcement animal while operating a vehicle with a BAC over .08% or with a Schedule I or Schedule II controlled substance (or it’s metabolite) in their system.  

In addition, an OWI may be classified as a Class D/Level 6 felony if the offender is at least 21 years old and committed an OWI 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  

If you were convicted of a Class D/Level 6 Felony OWI that did not result in bodily injury, the court the court must grant your request for OWI expungement in Indiana if you meet the following standards: grant your request for OWI expungement in Indiana if you meet the following standards:  

  • 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  

Serious Felony DUI Expungement in Indiana  

In Indiana, serious felony OWIs are those classified as 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. However, these offenses generally involve serious bodily or catastrophic injury to another person. They also may occur when a person with a prior OWI conviction that included serious bodily injury, catastrophic injury, or death of another person is convicted of a new OWI in Indiana. 

If you have been convicted of a serious felony DUI, you are only eligible to request expungement if you meet the following standards: 

  • 8+ Years Since the 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   

Since the expungement of serious OWI felonies requires prosecutor approval, they’re often held to a much higher standard. In fact, it’s not uncommon for courts to deny these types of expungement requests. Therefore, if you’ve been convicted of an OWI that resulted in the serious bodily injury of another person, you’ll want to consult with an experienced Indiana expungement lawyer. They can help you better determine your eligibility and how to best approach petitioning 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. 

How an Attorney Can Help with an OWI Expungement in Indiana  

First of all, it’s important to understand that expungement in Indiana is a one-time deal. In other words, you can only request expungement once, and all the cases that 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 the complexities of laws governing OWI expungement in Indiana, working with an experienced expungement attorney in Indiana 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 filed in an appropriate and timely manner. The expungement team at Keffer Hirschauer LLP routinely guides clients through the process of expungement. We can help you with all aspects of the expungement process, including:  

  • 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 Indiana DUI Expungement?   

In today’s hyper-connected world, your criminal history can follow you for the rest of your life, tarnishing your reputation all along the way. It may prevent you from obtaining certain jobs, owning or possessing a firearm, and/or securing that much-needed loan. But it doesn’t have to be that way, thanks to expungement in Indiana.   

If you’re ready to move forward with your life, it’s time to explore OWI expungement in Indiana. To determine your eligibility to file for expungement and permanently seal your criminal records, contact an Indiana expungement attorney from Keffer Hirschauer LLP as soon as possible. We have represented and assisted thousands of Hoosiers pursuing expungement and can help provide a favorable resolution to your case. 

Ready to act? 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.   

  

Summary
Your Guide to OWI Expungement in Indiana
Article Name
Your Guide to OWI Expungement in Indiana
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This article may act as a guide on the topic of OWI Expungement in Indiana; detailing the expungement process, limits to the law and how to determine eligibility.
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Keffer Hirschauer LLP

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