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If you have been arrested or convicted of drunk driving in Indiana, one of the first questions you probably have is: How long will this stay on my record? The short answer is that it depends on the outcome of your case and whether you qualify for expungement.
At the Marc Lopez Law Firm, we talk with people every day who want a clean slate. We understand how much anxiety comes from worrying about what employers, neighbors, or coworkers might see when they search your name. The good news is that Indiana law allows many people with DUI or OWI charges to have their records hidden. And once that happens, you can legally say you have never been arrested or convicted.
Expungement is the legal process of sealing your criminal record from public view. When a record is expunged, it no longer appears in court databases such as mycase.in.gov, which means potential employers or background check companies will not see it.
This process is not automatic in every situation. While the law gives courts the power to expunge certain cases on their own, some judges require a formal petition before taking action. That is where an experienced criminal defense attorney can make all the difference.
When you hire the Marc Lopez Law Firm, we handle the paperwork, track deadlines, and make sure your request is filed correctly so that you can move forward as quickly as possible.
If you were arrested for DUI, OWI, or OVWI but never convicted, your record is eligible for expungement right away. In these cases, the process is usually fast and straightforward.
Even though some courts should expunge non-convictions automatically, many do not. We regularly help clients file simple petitions to clear non-conviction records, often resolving the entire matter in a short time. Once it is done, that arrest disappears from public access, and you can legally say you were never arrested.
If you were convicted of a misdemeanor DUI, or if a felony DUI was later reduced to a misdemeanor, you must wait five years from the date of conviction before filing for expungement.
Five years can feel like a long time, but once the expungement is granted, the result is life-changing. Your DUI record is removed from public access, and you can move forward without that cloud hanging over you. Nosy neighbors and curious co-workers will not find anything when they look up your name.
We understand that most people just want to put their past behind them. The law may require patience, but the payoff is worth it.
If your conviction was for a Level 6 felony DUI, the waiting period increases to eight years from the date of conviction. A felony DUI can happen for many reasons, such as having a child in the car, causing injury, or having a prior conviction for DUI.
Even though eight years is a long time, the result is the same: once the record is expunged, it is hidden from public view. You can legally state that you have never been convicted, and your name will no longer appear in the public case system.
Our attorneys often help people determine the exact date they will become eligible. The timing can get complicated if you have more than one case on your record, so it helps to speak with someone who can calculate it precisely.
Many people call our office after waiting five years, only to learn that they must wait longer because of an older felony on their record. Indiana law requires that the longest waiting period applies to your most recent conviction, even if an earlier case is much older.
For example, if you had a felony ten years ago and a misdemeanor DUI five years ago, the waiting period for expungement will still be eight years from the date of your most recent conviction. These rules can be confusing, but we help clients understand exactly when they become eligible.
If you are not sure when your window opens, call the Marc Lopez Law Firm today. We can review your history and tell you the earliest possible filing date.
Expungement is one of the most rewarding parts of our job. While we love our trial work, expungements bring a special kind of joy. Clients come to our office smiling, relieved, and often emotional because they finally feel free from the past.
When your expungement is granted, you can legally answer “no” on job applications that ask if you have been convicted of a crime. You can apply for housing, renew professional licenses, and volunteer at your child’s school without worrying about an old mistake following you.
It is also wise to start the expungement process before you need it. We regularly hear from people who suddenly get a new job offer or background check request and realize too late that their old case still appears online. Since the process takes about ninety days on average, it pays to act early.
The entire process usually takes around three months, though the timeframe can vary by county. Some courts move faster, while others take a bit longer. Either way, the result is worth waiting for.
If your conviction was higher than a Level 6 felony, there may still be options. Some felony convictions can be reduced or reclassified before expungement. Others require a judge’s discretion or the prosecutor’s agreement.
Every case is unique, and the rules for serious felonies can be complex. Our attorneys know the law, understand the procedures, and can tell you what path gives you the best chance for success. No matter what level felony you have, we will work to identify when and how you can qualify.
If you do nothing, a DUI or OWI conviction stays on your record permanently. Expungement is the only way to remove it from public view.
Yes, if it was a Level 6 felony, you can usually seek expungement after eight years. Higher-level felonies may also qualify, depending on the circumstances.
You can file for expungement immediately. Once granted, the arrest is hidden from public view, and you can legally say you were never arrested.
Most expungements take around 90 days from start to finish, depending on the county and the court’s schedule.
While the law allows you to file on your own, having a criminal defense attorney ensures that everything is handled correctly and that your petition does not get delayed or denied.
The ability to clear your record is one of the most powerful legal rights available to people who have made mistakes. Indiana’s expungement laws give you a chance to move forward without the weight of your past holding you back.
Whether your case involved DUI, OWI, or any other criminal charge, our team is ready to help. We will review your situation, determine your eligibility, and handle every step of the process from start to finish.
Your future should not be defined by one bad decision or one difficult night. If you are ready to reclaim your reputation, start the conversation today.
Call the Marc Lopez Law Firm today at 463-241-6548.
And always remember—plead the 5th.