Expunging a DUI Conviction in Indiana

Indiana DUI expungement law allows some DUI and OVWI (operating a vehicle while intoxicated) arrests to be expunged. Of course there are exceptions, but it is important to determine if you qualify, so you can have more opportunities in your future. The legal team at XpungeIndy can review your case and assess your options. Contact us today for your free consultation. 

Under what circumstances can I get my DUI or OVWI expunged?

If you have a misdemeanor DUI conviction, you can petition for expunged if:

  • You have not committed any other crimes in the previous five years
  • At least 5 years have passed from the date of conviction
  • All court costs and fines have been paid

If you have a felony DUI conviction, you can petition for expungement if:

  • You have not committed any other crimes in the previous eight years
  • At least 8 years have passed since the date of conviction
  • All court costs and fines have been paid
Indiana DUI Expungement Law | XpungeIndy
Indiana DUI Expungement Law | XpungeIndy

Although these are the minimum requirements, other factors can change whether or not a person qualifies for filing a petition under Indiana DUI expungement law. Of course it is best to have experienced expungement attorneys, so you fully understand your rights and are protected. XpungeIndy is the legal team with vast experience and inside knowledge that can help you expunge your DUI record. 

The Process for Expunging your DUI

Expunging and sealing your records can be a complicated process. 

  • Where to file: Under Indiana DUI expungement law, the petition must be filed in the county where the conviction occurred. If you are seeking expungement for other issues, you must file at the same time in the counties where those instances occurred.  
  • When to file: The time frame varies depending on the waiting period for the crime(s) you are attempting to expunge
  • What to file
    • Petition for expungement 
    • Relevant exhibits, such as those showing any fines and fees have been paid
    • Depending on the county, you may also have to file a proposed order

While some courts may grant the petition without a hearing, others may require a hearing for every petition. Having a strong legal team can ensure that documents are written and filed correctly and that you are fully protected should a hearing be required. 

Expunging your DUI can change your future

In most cases, Indiana DUI expungement law will be marked as expunged and will not be accessible by those who do a background check. That means you will not have to disclose to landlords or employers your past criminal history. When records are marked expunged, it is still possible for prosecutors, probation departments, and defense attorneys to request and gain access when carrying out legal duties. 

The Indiana Bureau of Motor Vehicles will also remove records relating to the DUI conviction from the driving record, including any related driver’s license suspensions. If you have an HTV (Habitual Traffic Violator) suspension, it may remain in place even after expungement.

You Can Clear Your Record Under Indiana DUI Expungement Law

The legal team at XpungeIndy can help you expunge your DUI. You can put your past behind you and have a chance at a fresh start. You can receive better employment opportunities and have access to quality housing. You can get your rights restored and be free from the stigma of your past. Contact XpungeIndy today.

Published On: May 18, 2022Categories: Expunging a DUITags: , , ,