A conviction for an operating while intoxicated (OWI) offense can result in major consequences for a motorist. The penalties handed down by the courts typically include driver’s license suspensions, fines and incarceration.
The record of the OWI may turn up indefinitely whenever outside parties try to perform a background check on the defendant in the future. A criminal record may be the deciding factor regarding whether a professional obtains a job opportunity. Criminal records can also affect educational opportunities and financial aid, as well as rental housing.
Thankfully, Indiana state statutes allow people to expunge or seal the records of prior offenses. When is it possible for a driver with an OWI conviction to expunge the record of their offense?
After they wait enough time
Expungement is only available years after a defendant gets convicted and completes their sentence. The severity of the charge determines how long a defendant must wait before they can petition the courts to expunge their prior conviction.
Many OWI offenses are misdemeanor charges. Those with misdemeanor criminal records typically have to wait at least five years before they can petition to expunge the record. If the OWI resulted in a felony charge due to aggravating factors, the driver has to wait at least eight years before they seek the removal of the conviction from their record.
Generally, people have to avoid any other convictions during the waiting period. In scenarios where people caused injury to others, the expungement process may be substantially more complex.
After they follow the right process
The expungement process typically begins with a petition. Many times, people with criminal records hire lawyers to assist them to ensure the process moves forward as smoothly as possible. The attorney must submit an expungement petition to the criminal courts in the county where the defendant faced the charges initially.
There is then a waiting period to allow the prosecutor an opportunity to challenge the request. So long as the prosecutor does not object within 30 days, expungement then becomes possible. In some cases, a hearing in front of a judge may be necessary. Other times, the defendant seeking the expungement may not need to appear in court at all.
It is also worth noting that while the expungement does eliminate public records of the OWI offense, state authorities still have access to information about the prior conviction. Should the party with the expense record get arrested for an OWI again, for example, they face the penalties associated with a second offense rather than a first offense.
The sooner that people take action to eliminate blemishes on their criminal records, the more quickly they can rebuild their lives after a brush with law enforcement. Reviewing a criminal record with a skilled legal team can help individuals take control of their situation by limiting the effects of a prior mistake or misunderstanding.