How to Expunge a DUI Record in Indianapolis, Indiana

If you have a DUI (known in Indiana as an OWI – Operating While Intoxicated) on your record, you may be eligible to have it expunged under Indiana law. Expungement can help remove barriers to employment, housing, professional licensing, and educational opportunities. However, Indiana's expungement laws contain strict eligibility requirements and filing procedures.

At Brinkley Law, we help Indianapolis residents determine whether they qualify for expungement and guide them through the legal process.

Can a DUI Be Expunged in Indiana?

Yes. Many DUI and OWI convictions can be expunged under Indiana's expungement statutes, often referred to as Indiana's "Second Chance Law."

An approved expungement limits public access to the record and can significantly improve future opportunities.

Whether you qualify depends on:

• The level of the offense

• Whether it was a misdemeanor or felony

• Whether bodily injury occurred

• Your criminal history after the conviction

• Completion of all sentencing requirements

  
  

DUI Expungement Waiting Periods in Indiana

Indiana law imposes waiting periods before you can file for expungement.

Misdemeanor DUI/OWI Convictions

Most misdemeanor DUI convictions become eligible for expungement:

Five (5) years after the date of conviction

or

Three (3) years after completion of the sentence, whichever is later.

Felony DUI/OWI Convictions

Certain felony DUI convictions may be eligible after:

Eight (8) years from the date of conviction

or

Three (3) years after completion of the sentence, whichever is later.

More serious offenses involving serious bodily injury or death may have additional restrictions.

Eligibility Requirements for DUI Expungement

To qualify for expungement in Indiana, you generally must:

✓ Complete all jail or prison time

✓ Successfully complete probation

✓ Finish any court-ordered treatment programs

✓ Pay all fines, court costs, fees, and restitution

✓ Have no pending criminal charges

✓ Avoid new criminal convictions during the waiting period

Failure to satisfy any requirement could result in denial of the petition.

How to File for DUI Expungement in Indianapolis

Step 1: Obtain Your Criminal Records

Gather:

• Court records

• Case numbers

• Sentencing documents

• Driving-related records if applicable

Step 2: Prepare an Expungement Petition

The petition must comply with Indiana expungement statutes and include required legal information about your conviction.

Step 3: File in the Correct Court

For most Indianapolis residents, the petition is filed in the court where the original conviction occurred.

Step 4: Serve Required Agencies

Copies may need to be provided to:

• Prosecutor's Office

• Indiana State Police

• Relevant court offices

• Other agencies involved in maintaining the record

  
  

Step 5: Attend a Hearing (If Required)

Some courts decide petitions without a hearing, while others schedule a court appearance.

Step 6: Receive the Court's Decision

If granted, the court issues an expungement order directing agencies to update or restrict access to the record.

Does Expungement Restore Driving Privileges?

Not necessarily.

Expungement of a DUI conviction does not automatically restore a suspended driver's license or remove all consequences related to driving privileges.

Additional action through the Bureau of Motor Vehicles (BMV) may be required.

Why Hire an Indianapolis Expungement Attorney?

Although Indiana allows individuals to file expungement petitions on their own, mistakes can delay or jeopardize your case.

An experienced attorney can:

• Verify eligibility

• Calculate waiting periods correctly

• Draft legally compliant petitions

• Ensure proper service of documents

• Represent you at hearings

• Maximize your chances of approval

Because Indiana generally allows only one opportunity to seek expungement for certain records, filing correctly the first time is critical.

Frequently Asked Questions

How long does a DUI stay on your record in Indiana?

A DUI conviction remains on your criminal record indefinitely unless it is expunged through the court process.

Can a first-time DUI be expunged in Indiana?

In many cases, yes. First-time misdemeanor DUI convictions are often eligible after the applicable waiting period has passed and all requirements are met.

How much does DUI expungement cost in Indiana?

Costs vary depending on filing fees, court costs, and whether you hire an attorney. An attorney can explain the expected expenses based on your specific case.

Is DUI called OWI in Indiana?

Yes. Indiana law refers to drunk driving offenses as OWI (Operating While Intoxicated), although many people still use the term DUI.

Can employers see an expunged DUI?

Generally, expungement limits public access to the record, making it much more difficult for employers and background check companies to locate the conviction.

Speak with an Indianapolis DUI Expungement Attorney

If you are wondering whether you qualify to expunge a DUI or OWI conviction in Indianapolis, Brinkley Law can help evaluate your eligibility and guide you through the process.

Every case is different, and a review of your criminal history is the best way to determine your options.

Contact Brinkley Law today at 317-766-1379 to discuss your Indiana DUI expungement case and learn whether you may qualify for a fresh start.