Getting a DUI in Indiana can have serious consequences. It can lead to jail time, loss of license, and hefty fines. But does it have to be forever? Can you expunge a DUI conviction in Indiana?
That’s the question many people are asking after being convicted of drunk driving. The answer is yes, in some cases – but you have to meet certain criteria before you can successfully apply for an expungement. This guide explains.
What is an Expungement, and How Does it Work in Indiana?
An expungement is the process of legally removing a criminal conviction from your permanent record. It’s not an automatic process – you must apply for it and demonstrate that you meet certain eligibility requirements. In Indiana, DUI convictions are eligible for expungement if they were committed more than five years ago and you have no subsequent DUI convictions.
Who Is Eligible to Expunge a DUI in Indiana?
In order to be eligible for expungement of your DUI conviction, you must meet the following criteria:
- You have no subsequent DUI convictions in the past five or eight years.
- You were convicted at least five years ago if it was a misdemeanor and eight if it was a felony.
- You haven’t had any other criminal convictions since then.
- You have completed all of the requirements of your sentence, including payment of fines and restitution.
The Process of Applying for an Expungement in Indiana
Once you meet the eligibility criteria, you’ll need to file a petition with the court to request an expungement. The petition will include the details of your case, such as the date and location of your arrest, the charges you faced, and whether or not they were dismissed.
Once you’ve filed your petition, it will be reviewed by the court to determine if you meet all of the criteria for expungement. If so, the court will grant your request and you will be able to legally erase the conviction from your record.
Common Questions About Expunging a DUI Conviction in Indiana
Q: How long does it take for an expungement to take effect?
A: Once your petition is approved by the court, it typically takes around 90 days for your expungement to take effect.
Q: Does an expungement make my DUI conviction disappear completely?
A: No, it does not. The expungement will remove the conviction from public records, but law enforcement and government agencies may still have access to it.
Q: Will employers be able to see my DUI conviction if it’s expunged?
A: Usually, no. An expungement removes the conviction from public records, so employers won’t see it when running background checks. However, in some cases, records remain but are marked “expunged.”
Q: Is it legal for people to discriminate against me for an expunged record?
A: No, it is not. The expungement process removes the conviction from public records and employers are forbidden from discriminating against you based on an expunged record.
Why Do Landlords and Employers Run Background Checks?
Landlords and employers often run background checks to get an idea of a potential tenant or employee’s character. For landlords, this process helps them determine if the person is likely to pay rent on time and be a responsible tenant. For employers, background checks help them learn about any criminal history that could impact the individual’s job performance.
An expungement can help restore your reputation and give you a second chance at success, allowing you to move forward without the stain of your DUI conviction on your record. If you meet the eligibility criteria, it’s worth considering applying for an expungement in Indiana.
Do You Need to Talk to an Indiana Expungement and Sealing Attorney?
If you’re ready for a fresh start, we may be able to help. Call us at 317-647-5476 or fill out the form below for a free consultation on expungement. We’re here to answer your questions and get you the fresh start you deserve.