Can You Expunge an OWI Conviction in Indiana?

A single mistake on an Indiana road can result in a life-altering conviction. In Indiana, drunk or drugged driving is legally defined as Operating While Intoxicated (OWI). Whether you refer to it as a DUI, DWI, or OWI, the consequences of a conviction extend far beyond courtrooms and jail cells.

An OWI conviction on your record can create persistent roadblocks in your personal and professional life. It can prevent you from securing stable employment, leasing an apartment, qualifying for student loans, or maintaining professional licensure.

Fortunately, Indiana’s "Second Chance Law" provides a legal pathway to put these past mistakes behind you. Through the criminal expungement process, many individuals can permanently seal their records from public view.

However, navigating the complexities of Indiana’s expungement statute requires a thorough understanding of the law's specific waiting periods and strict eligibility guidelines. If you are seeking to clear your name, understanding the intersection of Indiana’s OWI laws and the state's expungement statutes is the first step toward reclaiming your future.

What Does a Criminal Expungement Do in Indiana?

In many jurisdictions, "expungement" refers to the physical destruction of a criminal file. In Indiana, however, the process is slightly different. Under Indiana Code § 35-38-9, an expungement acts as a formal sealing of your criminal history rather than a complete deletion.

When a petition for expungement is granted, the court orders public agencies—including local police departments, county clerks, the Indiana Department of Correction, and the Bureau of Motor Vehicles (BMV)—to restrict access to your conviction record.

For standard misdemeanor and lower-level felony OWI convictions, this means the record is entirely sealed from public view. It will no longer appear on background checks conducted by private employers, landlords, or financial institutions.

Perhaps the most significant benefit is the legal right to state that you have not been convicted of a crime on job or housing applications. Once your OWI is expunged, Indiana law prohibits employers and landlords from discriminating against you based on that past, sealed record.

While the general public cannot view your record, certain entities, such as law enforcement, prosecutors, and the courts, can still access the sealed information under specific circumstances (such as if you face new criminal charges).

The Severity of the OWI Conviction Matters

To determine if and when you can expunge your OWI, you must first understand how your conviction is classified. Under Indiana Code § 9-30-5, OWI offenses are graded based on blood alcohol concentration (BAC), the presence of controlled substances, and aggravating factors:

Class C Misdemeanor OWI: This is the baseline charge for a first-time offense where the driver's BAC is between 0.08% and 0.15%, and there is no endangerment (IC § 9-30-5-1(a)).
Class A Misdemeanor OWI: This occurs if the driver's BAC is 0.15% or higher, or if they operated a vehicle in a manner that endangered another person (IC § 9-30-5-2(b)).
Level 6 Felony OWI: An OWI is elevated to a Level 6 felony if the driver has a prior OWI conviction within the past seven years, or if they had a passenger under the age of 18 in the vehicle (IC § 9-30-5-3).
Level 5 Felony OWI: This charge applies if the OWI resulted in "serious bodily injury" to another person (IC § 9-30-5-4).
Level 4 Felony OWI: This severe classification is used if the OWI caused the death of another person, or if serious bodily injury was caused and the driver had a prior OWI conviction within the previous five years.

Evaluating the exact tier of your conviction is vital because the waiting periods for expungement under Indiana’s "Second Chance" statute are strictly tied to the severity of the offense. If you are unsure about the classification of your past charges, partnering with a knowledgeable criminal defense attorney can help you pull the original court records and verify your status.

Indiana OWI Expungement: Waiting Periods and Eligibility by Category

Indiana Code Chapter 35-38-9 divides expungement eligibility into distinct sections based on the nature of the arrest or conviction. Depending on how your OWI case concluded, you must meet the corresponding statutory waiting periods.

1. Arrest Records and Non-Convictions (IC § 35-38-9-1)

If you were arrested for an OWI but the charges were ultimately dismissed, you were acquitted at trial, or you successfully completed a pretrial diversion program, you do not have a conviction on your record. However, the arrest record still exists and can appear on background checks.

Waiting Period: You can petition to expunge an OWI arrest record one (1) year after the date of the arrest or the filing of charges, whichever is later.
Prosecutor Consent: A court may permit you to file earlier if the prosecuting attorney agrees in writing to a shorter waiting period.
Court Discretion: If you meet all criteria, the court shall (must) grant the expungement.

2. Misdemeanor OWI Convictions (IC § 35-38-9-2)

The vast majority of first-time OWI convictions are resolved as Class C or Class A misdemeanors. If you were convicted of a misdemeanor OWI, you are eligible for a mandatory expungement once you fulfill specific conditions.

Waiting Period: You must wait five (5) years from the date of your OWI conviction before you can petition for an expungement.
Prosecutor Consent: The five-year waiting period can be reduced if the local prosecuting attorney signs off on a shorter timeframe in writing.
Court Discretion: The court is statutorily required to grant the expungement of a misdemeanor OWI if all legal requirements are satisfied.

3. Low-Level (Level 6) Felony OWI Convictions (IC § 35-38-9-3)

If your OWI was elevated to a Class D felony (under the old sentencing guidelines) or a Level 6 felony (under current guidelines) due to a minor passenger or a prior conviction, you face a slightly longer waiting period. This category applies only if the OWI did not result in bodily injury to another person.

Waiting Period: You must wait eight (8) years from the date of the felony conviction.
Prosecutor Consent: Just like misdemeanors, the prosecutor can agree in writing to a shorter waiting period.
Court Discretion: Assuming all other requirements are met, the court shall order the low-level felony records sealed.

4. Serious Felony OWI Convictions Without Serious Injury (IC § 35-38-9-4)

Some higher-level felonies (Level 5 or higher) that did not result in serious bodily injury are eligible for expungement under Section 4.

Waiting Period: You must wait eight (8) years from the date of the conviction, or three (3) years from the date you completed your sentence, whichever is later.
Court Discretion: Unlike lower-level offenses, Section 4 expungements are discretionary. The judge "may" grant the petition after reviewing the facts of the case and any objections from the state.

5. Serious Felony OWI Convictions With Serious Bodily Injury (IC § 35-38-9-5)

If your OWI conviction involved serious bodily injury to another person (charged as a Level 5 or Level 4 felony), the expungement process becomes far more rigorous.

Waiting Period: You must wait ten (10) years from the date of conviction, or five (5) years from the date you completed your sentence, whichever is later.
Prosecutor Consent: This is a crucial hurdle. Under IC § 35-38-9-5, the court cannot grant an expungement for a serious bodily injury felony unless the prosecuting attorney consents in writing to the expungement.
Court Discretion: This process is strictly discretionary. Even with the prosecutor's consent, the court has the final say and can deny the petition based on its merits.

6. Permanently Ineligible OWI Offenses

Under Indiana law, any felony conviction that resulted in the death of another person is permanently ineligible for expungement. If you were convicted of an OWI causing death (under IC § 9-30-5-5), that conviction will remain on your criminal and driving record for life.

Key Eligibility Requirements Beyond Waiting Periods

Satisfying the waiting period is only the first step in the expungement process. Under Indiana Code § 35-38-9-2 through 5, a petitioner must prove several other statutory requirements by a preponderance of the evidence:

No Pending Criminal Charges: You cannot have any active, open, or pending criminal charges in Indiana or any other state at the time you file your petition.
Full Completion of Your Sentence: You must have successfully completed every condition of your OWI sentence. This includes jail or prison time, probation, community service, court-ordered substance abuse evaluations, and any required rehabilitation therapy.
All Financial Obligations Must Be Paid: This is one of the most common reasons expungement petitions are delayed or denied. You must have paid all court costs, fines, fees (such as probation or public defender fees), and any restitution ordered to victims.
No Subsequent Convictions: You must not have been convicted of any other crimes during the designated waiting period (five or eight years, depending on the tier).
A Valid Driver’s License: Because OWIs are traffic-related offenses, you must provide proof that your driving privileges are currently valid or have been legally restored.

When dealing with a history that involves OVWI & alcohol offenses, ensuring all these prerequisites are met can be incredibly complex. Many people mistakenly believe their probation has ended, only to find out there is a small outstanding fee or an unfiled certificate of completion that stalls their eligibility. If you have other convictions, such as a prior arrest for drug possession, you will need to map out a global legal strategy to handle all of them at once.

The "Once-in-a-Lifetime" Rule and Strategic Pitfalls

In Indiana, the legislature established a strict, general rule: you are only allowed to seek the expungement of criminal convictions once in your lifetime.

While you can expunge non-conviction arrest records multiple times, once you file a petition to expunge a conviction and it is granted, you cannot file a second petition later in life for a different conviction.

This creates a high-stakes scenario. If you have multiple convictions across different Indiana counties—such as an OWI in one county and a minor drug possession charge in another—you must file your petitions in all counties within a one-year window of filing the first petition.

If you fail to include an eligible conviction in your filings during this period, you lose the opportunity to expunge that offense forever. This is why it is essential to conduct a comprehensive criminal history search and work with an experienced expungement team.

Why You Need an Indiana Expungement Attorney

While the expungement process may appear straightforward, it is highly technical and unforgiving of clerical errors. Under Indiana Code § 35-38-9-8, an expungement petition must be verified and must include extremely detailed information, including:

Your date of birth and Social Security number
All aliases and prior names
The exact case numbers, arresting agencies, and dates of arrest/conviction
Certificates of completed sentences and paid fees

A single missing document, an unpaid fee of a few dollars, or a minor administrative error can result in the court summarily denying your petition. Even worse, if your petition is denied, you may have to wait three (3) years before you are legally permitted to refile.

Working with a local law firm ensures that your petition is meticulously prepared, filed in the correct venue, and that all necessary negotiations with the county prosecutor are handled professionally. Learning more about your legal rights is the best way to safeguard this valuable, one-time opportunity.

Take Back Control of Your Future with Kaushal Law

An OWI conviction should not dictate the trajectory of your life forever. If you have served your time, paid your fines, and stayed out of trouble, you deserve the fresh start promised by Indiana's Second Chance Law.

At Kaushal Law, we understand the stress that a criminal record places on your family, your career, and your peace of mind. We are dedicated to helping Hoosiers clear their names and open doors to new opportunities. Let us handle the heavy legal lifting, from researching your record to filing a flawless petition in court.

Ready to see if you qualify to seal your record? Contact Kaushal Law today at (765) 434-3787 to schedule a personalized consultation with our team and take the first step toward a clean slate.

Disclaimer: The information provided in this article is for informational purposes only and does not constitute formal legal advice.