Getting convicted of an Operating a Vehicle While Intoxicated (OVWI) offense in Indiana can have lasting effects on your life, affecting everything from your career opportunities to your personal relationships. However, Indiana’s expungement laws offer a chance for individuals to clear their records, effectively putting past mistakes behind them. Attorney Zac Bailey from the Marc Lopez Law Firm sheds light on the expungement process for OVWI offenses, including how long you have to wait and the potential benefits. Whether it’s a misdemeanor or a felony OVWI, an expungement may give you the fresh start you need.
What is an OVWI, and Why Does It Matter?
In Indiana, an OVWI (Operating a Vehicle While Intoxicated) is similar to a DUI or DWI in other states. It refers to the crime of driving while impaired by alcohol or other substances. OVWI offenses can range from misdemeanors to felonies, depending on factors such as blood alcohol concentration (BAC) levels, prior convictions, and whether the incident caused injury to others.
Convictions like OVWI can affect your life long after you’ve paid your fines and served any jail time. In many cases, they show up on background checks, potentially impacting your employment, housing opportunities, and even your ability to obtain certain professional licenses. This is where Indiana’s expungement laws, known as the “Second Chance Law,” come into play.
Are OVWI Convictions Expungable in Indiana?
The short answer is yes, most OVWI convictions in Indiana can be expunged. However, there are some requirements based on the severity of the offense and how long it has been since your most recent conviction.
Felony OVWI Expungement Requirements
If your most serious conviction on record is a felony OVWI, you may be eligible for expungement, but you’ll need to wait at least eight years from the date of your most recent conviction before filing a petition. Felony OVWIs can include Level 6 felonies and other charges that carry more severe consequences. With the right legal support, it’s possible to expunge and seal these records, removing them from public access and minimizing their impact on your future.
Misdemeanor OVWI Expungement Requirements
If the most serious conviction on your record is a misdemeanor OVWI, the waiting period is five years. Misdemeanors are generally less severe than felonies, but they can still hinder your future opportunities. Expunging a misdemeanor OVWI can be a straightforward process, especially with an experienced attorney like those at the Marc Lopez Law Firm.
The Benefits of OVWI Expungement
Expungement provides a way to erase past mistakes from your record, effectively giving you a clean slate in the eyes of the law and society. Here are some of the primary benefits of expunging an OVWI conviction:
- Enhanced Employment Opportunities: Employers often conduct background checks before hiring, and an OVWI can be a red flag. With an expunged record, you can confidently apply for jobs without worrying that your past will negatively affect your chances.
- Improved Housing Options: Many landlords screen applicants’ criminal backgrounds, which can limit your housing options if you have an OVWI on your record. Expunging your OVWI opens more doors for secure housing.
- Better Professional Licensing Prospects: Certain licenses, such as those in healthcare or finance, may be denied to individuals with criminal convictions. An expunged OVWI won’t show up on these background checks, helping you achieve your career goals without restrictions.
- Privacy and Peace of Mind: An expunged OVWI conviction means that court and criminal records associated with the offense are hidden from public view. This can provide a great sense of relief, as you no longer have to worry about your past mistakes coming back to haunt you.
Can More Serious OVWIs Be Expunged?
If your OVWI involved serious bodily injury or another significant impact, expungement may not be available. However, Attorney Zac Bailey emphasizes that there are still options available, even for serious OVWI cases. In such instances, there may be alternative remedies that can reduce the impact of your conviction on your future. For example:
- Seeking Record Reduction: In some cases, a felony OVWI can be reduced to a misdemeanor, potentially making it eligible for expungement sooner.
- Limiting Access to Certain Records: Even if a full expungement isn’t possible, certain parts of your record may be sealed, limiting access for specific purposes and providing some level of protection.
Why You Should Consider Expunging Your OVWI
Indiana’s Second Chance Law is designed to help individuals move forward without being permanently held back by their past. According to Attorney Zac Bailey, “If your history has been expunged, sealed, and hidden, it means you are a protected person.” This legal protection prevents expunged convictions from being used against you in licensing, rental applications, job applications, and other essential aspects of life.
The Marc Lopez Law Firm prioritizes helping clients take advantage of Indiana’s expungement options. We work with clients throughout the expungement process, from determining eligibility to ensuring that all required documents are filed correctly.
When to Start the Expungement Process
It’s a good idea to start considering expungement as soon as you meet the eligibility requirements. According to Attorney Bailey, “We make sure to let clients know when they’re eligible for expungement right at the change of plea hearing.” By discussing eligibility early, the Marc Lopez Law Firm ensures clients can move forward with their lives as soon as possible.
How to Start Your Expungement Case with Marc Lopez Law Firm
If you’re ready to start the expungement process, the Marc Lopez Law Firm is here to help. We are committed to securing the best possible outcomes for clients. Here’s a brief overview of the steps involved:
1. Initial Consultation: Schedule a consultation to discuss your case. During this meeting, the attorneys will review your record, determine your eligibility, and outline the best approach for your situation.
2. Preparing the Petition: If you qualify, the firm will begin preparing the necessary paperwork, ensuring that every detail is correctly documented to avoid delays.
3. Filing and Following Up: Once your petition is filed, the firm will handle any required follow-up, ensuring that you stay informed throughout the process. With their experience and knowledge of Indiana expungement law, Marc Lopez Law Firm can address any challenges that arise, from objections by the State to court hearings.
4. Final Resolution: If the expungement is approved, your OVWI conviction will be sealed or removed from public access, allowing you to move forward confidently.
Don’t Wait to Take Control of Your Future
With Indiana’s Second Chance Law, an OVWI conviction doesn’t have to define the rest of your life. Expungement is a powerful tool that allows you to reclaim control over your career, your personal life, and your future opportunities. Take the first step toward a fresh start and let an experienced team of attorneys guide you through Indiana’s expungement process. If you’re interested in learning more about expunging your OVWI or any other eligible conviction, call the Marc Lopez Law Firm at 463-946-0521 and remember—always plead the fifth!
