Any criminal conviction can affect a defendant for years. They may have to serve time in state custody. They may also have major financial costs ranging from court expenses and fines to orders of restitution.
The longest-lasting consequence of a criminal conviction is the criminal record maintained by state authorities. Quite a few outside parties perform criminal background checks to mitigate their risk. Educational institutions, employers and landlords often look at people’s criminal histories. An operating while intoxicated (OWI) offense may not be as serious as a homicide or armed burglary offense. However, it still shows up on a driver’s criminal record indefinitely after they get convicted at trial or plead guilty.
Is it possible to ask the courts to expunge or seal the records of an OWI conviction?
OWI expungements are sometimes available
State law does recognize that those with certain offenses may deserve a fresh start. Provided that they avoid additional criminal activity and fulfill their sentencing obligations, they can sometimes ask the courts to expunge their prior record. OWI offenses are frequently eligible for expungement depending on the severity of the case.
Most people with an OWI on their record have a misdemeanor criminal record. The courts can grant an expungement provided that the petitioning party follows the right steps. They need to wait at least five years from the date of their conviction and must not have any other convictions in those five years.
They also cannot have any pending criminal charges. Furthermore, they must have paid all fines, fees and court costs to qualify. They also have to pay a fee when filing the expungement request.
Those with a felony OWI may also be eligible for expungement, although the rules are a bit stricter. They may have to wait eight years to qualify for expungement. Additionally, the OWI must not have involved bodily injury. In cases involving bodily injury, the same rules may apply. However, the prosecutor must also approve the request to expunge the record of their conviction.
Given the costs involved and the importance of succeeding, those trying to expunge an OWI conviction typically need help with the process. Bringing in professional legal assistance can improve the chances of successfully expunging an OWI and moving on after a conviction.