Having a DUI or OWI on your criminal record can significantly impact certain areas of your life. In some cases, you might be held back from being approved for commercial drivers’ licenses or forklift certifications. In other cases, you might be passed up in the search to fill a competitive job position. For many individuals, expungement is an incredibly helpful and life-changing decision.
Not everyone is qualified to obtain an expungement. It’s important to discuss the specifics of your case with an experienced attorney and pursue your legal options. Hiring an attorney is necessary for the expungement process because even just the presence of one small error (such as a misspelling) will result in the denial of your application.
Eligibility for Expungement in Indiana
First, you must make sure that you are eligible to apply for expungement. Many of the criteria have to do with how much time has passed since you were convicted.
If you were convicted of a misdemeanor DUI:
- 5 years must have passed since the date of the conviction
- You must not have committed any other crimes in the 5 years before filing
- You must have paid all costs and fines due to the court
If you were convicted of a level 6 felony DUI:
- 8 years must have passed since the date of the conviction
- You must not have committed any other crimes in the 8 years before filing
- You must have paid all costs and fines due to the court
In both of these scenarios, any other criminal convictions will affect your ability to file for expungement.
Filing a Petition for Expungement
It is strongly advised that you file your petition for expungement with a trusted attorney. Even the smallest mistake can have drastic consequences! The petition must be filed in either the county where the conviction occurred (if other convictions are also being expunged simultaneously in the same county) or in the court of conviction.
Specific information must be included in the petition:
- The nature of your charges
- The date of your arrest
- The name of the law enforcement agency that your arresting officer was employed by
- Information such as the court case number, police case number, or name of the arresting officer
- The date of your birth
- Your social security number
- A statement of verification
Put an Experienced DUI Lawyer in Fort Wayne to Work for You!
A Fort Wayne DUI attorney from Arnold Terrill, P.C. can walk with you throughout every step of the process and ensure that all details are taken care of. Our firm can make sure that you have done everything right on your part and ensure that the forms are filled out correctly and filed on time.
To learn more about whether you are eligible for expungement, contact us today!
