In Indiana you have two records, your criminal record and your driving record. For your criminal record in Indiana, you can file for an expungement to get your DUI removed from your criminal history as well as any other criminal charges you may have. The Indiana law states that you have to wait five years from the date you are convicted of a misdemeanor and eight years from the date you are convicted of a felony before you can file for an expungement. An expungement allows you to hide your public records and it is illegal for employers, landlords, and others to use your past against you once it is expunged.
Expungements have many advantages to them, however, your record will never be wiped away completely because in Indiana expungements are considered soft. For example, if you have a DUI expunged and you were to get a second DUI, prosecutors and government agencies can still see your criminal history and bring that first DUI back up in court to use against you potentially leading to mandatory jail time, a mandatory license suspension, and could even lead to you being a habitual vehicular substance offender if you are subject to it.
As for your driving record, a DUI has the potential to stay on it for life. There has been an argument in Indiana about removing a DUI from your driving record if it has been expunged from your criminal record. In some instances, a DUI may be able to be removed from your driver’s license in Indiana.
If you have any questions about how long a DUI stays on your record in Indiana, give us a call at 317-632-3642 and remember—always plead the 5th!