Driving under the influence (DUI) is a serious offense, and people who receive DUI convictions often face serious legal repercussions including fines, jail time, and driver’s license suspension. A DUI on your record can make it harder to secure employment or qualify for certain academic programs. Luckily, some individuals in this situation will have the opportunity to clear DUI charges from their records via expungements. An expungement removes a prior charge from an individual’s criminal record, but this is only an option if the individual meets certain criteria.
If you have a DUI on your record causing you problems, the attorneys at Banks & Brower in Indianapolis may be able to help. Not every charge will qualify for expungement; however, we can help with the process for those that do. Review the following information about DUI expungement in Indiana and then contact us for more information about your options.
Qualifying for Expungement
The state of Indiana only allows DUI expungement after a waiting period, which requires the defendant to meet specific criteria while ongoing. There is a five-year waiting period for a misdemeanor DUI charge, and the waiting period for felony DUI charges is eight years. Indiana will not allow you to expunge a DUI conviction, only an arrest record or charge record. You may also have difficulty securing an expungement if you have multiple DUI arrests on your record. If you have an arrest as well as a second arrest with a conviction, you may not qualify for DUI expungement.
If your arrest or charge qualifies for expungement, the court will review your petition for expungement and take many factors into consideration before granting or denying expungement. For example, if you receive a one-year license suspension after your first DUI offense and had a completely clean driving record for the next four years of the misdemeanor expungement-waiting period, it’s likely the court will approve your petition. However, if during your suspension or during the waiting period you received additional charges or convictions, the court may not grant the expungement because you appear to be a danger to the public.
Some extenuating circumstances may help a petitioner secure an expungement more easily. This can include childcare obligations, employment, disability, and other concerns that a DUI record may hinder. Your attorney is the best resource for more information about extenuating circumstances that may help your chances of securing a record expungement. A good defense attorney will review the details of your situation and let you know which facts about your daily life may contribute to your case and improve your chances of having your DUI record expunged, but this isn’t always possible.
How Can My Lawyer Help?
Securing an expungement for a DUI arrest or charge in Indiana is not an easy task, and it requires not only meeting very specific, non-negotiable criteria, but also strict filing requirements. Missing paperwork or failing to meet a filing deadline can lead to a denial of your expungement request and wasted money in filing fees. Hiring an attorney is a great way of securing the DUI expungement you need.
At Banks & Brower our DUI lawyers in Indianapolis started as prosecutors, and we are intimately familiar with how the state builds criminal cases against offenders. We also have detailed knowledge about the processes governing record expungements, so put our experience and resources to work for your case. Reach out to the Banks & Brower office today to schedule a free consultation with one of our Indianapolis criminal defense lawyers. We’ll review your arrest record or charge record and let you know your chances of securing expungement. We can also help navigate the filing process and ensure you meet all the necessary filing requirements for your DUI expungement request.