Can You Get an OWI or DUI Expunged in Indiana?

4 days ago

5 min read

In most cases, yes. Indiana treats operating while intoxicated (OWI, often called DUI) like other offenses under the expungement statute, Indiana Code 35-38-9. A misdemeanor OWI can be expunged five years after the conviction, and a Level 6 felony OWI after eight years, if the other requirements are met. But OWI expungement has traps that other cases do not, including driver's license consequences, commercial driver reporting, and the way a prior OWI can still be used against you if you are ever charged again.

Key points

Misdemeanor OWI: eligible five years after conviction under IC 35-38-9-2, and the court must grant a qualifying petition.
Level 6 felony OWI (for example, a second offense within seven years or OWI with a passenger under 18): eligible eight years after conviction, unless the offense caused bodily injury.
OWI causing serious bodily injury: expungement possible only with the prosecutor's written consent after a longer wait. OWI causing death: not eligible.
Expungement does not affect an existing or pending driver's license suspension.
An expunged OWI can still be treated as a prior conviction if you are charged with a new OWI.

Misdemeanor OWI

Most first-offense OWI convictions in Indiana are Class C or Class A misdemeanors. They fall under IC 35-38-9-2, which allows a petition not earlier than five years after the date of conviction, or sooner if the prosecutor consents in writing. You must have no pending charges, must have paid all fines, fees, costs, and restitution, and must not have been convicted of any crime in the previous five years. If you prove those facts, the statute says the court shall order the records expunged and sealed.

Felony OWI

An OWI becomes a Level 6 felony in several situations, including a prior OWI conviction within seven years or driving while intoxicated with a passenger under 18. A Level 6 felony OWI is generally eligible under IC 35-38-9-3 eight years after conviction, with the same payment and no-new-conviction requirements. If the Level 6 felony was reduced to a misdemeanor, the five-year misdemeanor rules apply instead.

The picture changes when someone was hurt. IC 35-38-9-3 excludes any felony that resulted in bodily injury to another person. An OWI causing serious bodily injury is a higher-level felony that can be expunged only under IC 35-38-9-5, which requires the prosecutor's written consent and a waiting period of ten years from conviction or five years from completing the sentence, whichever is later. An OWI causing death is excluded from expungement entirely. Felonies expunged under the higher sections are marked as expunged rather than sealed, which means the court record remains public but must be clearly labeled. Our article on expunging a felony in Indiana explains the difference.

What OWI expungement does not change

License suspensions

The statute is explicit: a granted expungement petition does not affect an existing or pending driver's license suspension. If your license is suspended or you are driving on specialized driving privileges, expungement will not restore it. Those issues are handled separately through the court and the Bureau of Motor Vehicles.

Commercial drivers

Federal law requires states to report certain traffic convictions for commercial drivers. Indiana's statute allows the Bureau of Motor Vehicles to continue reporting a traffic-control-law conviction to the Commercial Driver's License Information System even after expungement. If you hold or want a CDL, an expunged OWI may still be visible in that system.

Future OWI charges

Under IC 35-38-9-10, an expunged conviction may still be considered at sentencing for a new offense, counts as a prior conviction for enhancement purposes, and may be admitted as evidence in a new case. In practical terms, an expunged OWI can still elevate a later OWI to a felony as a prior offense. Expungement protects you from employers, landlords, and the public; it does not reset the clock in criminal court.

Ignition interlock and treatment records

The expungement order reaches the court, the Department of Correction, the BMV, and providers who treated you under a court order. It directs them to stop releasing your records without a court order. It does not erase the records, and criminal justice agencies retain access for official purposes.

Common OWI expungement problems

The arrest shows an OWI but the conviction was for reckless driving. A plea to a lesser offense changes which section applies, and how the dismissed OWI charge and the arrest record are treated should be reviewed before anything is filed.
A specialized driving privileges case. Indiana treats this as a collateral action that should be listed and expunged along with the conviction, sometimes in a different county.
Unpaid costs or reinstatement fees. Court costs must be paid before you file. BMV reinstatement fees are a separate issue but often come up in the same review.
A second OWI pending somewhere. Any pending charge stops the petition.
Counting the five years from the wrong date. The period runs from the conviction date, not the arrest, and not the end of probation.

For current OWI penalties and recent changes, see our article on Indiana's 2026 OWI law changes.

Frequently asked questions

How long after a DUI can you get it expunged in Indiana?

Five years after the date of conviction for a misdemeanor, eight years for a Level 6 felony, and longer for felonies involving serious bodily injury. The prosecutor can consent in writing to an earlier filing. Our article on early expungement in Indiana discusses when that happens.

Will an expunged OWI show up on a background check?

A misdemeanor or Level 6 felony OWI that is expunged is sealed and should not appear on a private background check. Criminal history providers that report an expunged conviction face penalties under Indiana law. Government criminal justice agencies, and certain regulators, retain access.

Does OWI expungement restore my license?

No. Expungement does not affect an existing or pending suspension. License reinstatement is a separate process.

Can I expunge an OWI from another state?

Indiana courts can only expunge Indiana records. An out-of-state OWI is governed by that state's law, although it still counts as part of your criminal history when an Indiana court evaluates your petition.

How Brinkley Law can help

OWI expungements require attention to the conviction date, the exact level of the offense, any injury allegations, license status, and collateral driving cases. Brinkley Law reviews your complete record, identifies the correct section and earliest eligible date, resolves outstanding balances, and handles the petition, service, and any hearing so that your one lifetime petition is used well.

Start with a free eligibility check

If an old OWI is holding you back at work or in a background check, find out whether it qualifies. The quickest way to begin is the firm's secure online intake: Start your free expungement eligibility check. It takes a few minutes, asks about your record and any open cases, and lets Attorney Sarah Brinkley review your situation before you file anything. You can also call 317-766-1379, book a consultation online, or learn more about our Indiana expungement practice.

Brinkley Law LLC, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240. Phone 317-766-1379.

This article provides general information about Indiana law and is not legal advice. Reading it or contacting Brinkley Law LLC does not create an attorney-client relationship. The application of the law depends on the facts of each matter.