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In Louisiana, a conviction for Driving While Intoxicated (DWI) can affect multiple areas of your life, including employment opportunities, background checks, and insurance costs. Many people wonder if there’s any way to reduce the long-term impact of a DWI by having it removed or hidden from their record. This is where the concepts of expungement and sealing come into focus.
This post offers a clear, factual overview of whether and how a DWI can be expunged or sealed in Louisiana. While the legal system has specific procedures for handling these requests, this article will explain them in neutral, informational terms for clarity — with no legal advice or interpretation.
Expungement is not guaranteed, and not all DWI convictions qualify. In fact, the timeline, eligibility, and outcome of an expungement can vary depending on the circumstances of the case. Understanding this process helps Louisiana residents know what to expect and whether it may apply to their situation.
Below, we’ll break down what expungement means in Louisiana, who qualifies, how the process works, and what the result really looks like once a DWI is expunged.
What Does Expungement Mean in Louisiana?
In Louisiana, expungement is a legal process that removes a record from public view. When a criminal conviction or arrest is expunged, it is sealed from most background checks, meaning it no longer appears in many types of employment screenings, rental applications, or general public databases.
However, it’s important to understand that expungement does not erase the record entirely. Certain entities — such as law enforcement agencies, courts, and some licensing boards — may still access the sealed information in specific cases.
Expungement is different from a pardon or dismissal. It doesn’t say the offense didn’t happen; instead, it limits who can see it. In Louisiana, this process is especially relevant for those who want to reduce the long-term impact of a first-time DWI conviction after meeting certain conditions.
The process requires filing formal paperwork with the court and often includes waiting periods, eligibility checks, and administrative fees.
Are DWI Convictions Eligible for Expungement in Louisiana?
Yes, some DWI convictions can be expunged in Louisiana, but there are specific requirements. The law allows for expungement of first-time misdemeanor DWI convictions, as long as a 10-year waiting period has passed from the date of conviction or the completion of the sentence — whichever comes later.
Eligibility rules include:
- Only one DWI in the last 10 years
- No other felony convictions during the waiting period
- All court conditions completed (such as fines, classes, and probation)
- No pending criminal charges at the time of filing
Felony DWIs, or cases involving additional charges or aggravating circumstances, generally do not qualify for expungement in Louisiana.
If the case was dismissed, resulted in a “not guilty” verdict, or involved a deferred sentencing program (with no conviction entered), expungement may be available on a shorter timeline. However, the rules vary depending on how the case was resolved.
How Long Do You Have to Wait to Expunge a DWI in Louisiana?
For most individuals, the waiting period to expunge a DWI conviction in Louisiana is 10 years. This time begins either:
- From the date of conviction, or
- From the date the sentence or probation was completed, whichever is later.
This decade-long requirement is aligned with the state’s DWI “lookback period,” which is used for determining penalties for repeat offenses. If another DWI occurs during this time, the expungement clock typically resets.
This waiting period is intended to give individuals time to demonstrate consistent, offense-free behavior. If no new offenses occur, the person may apply for expungement once the waiting period has fully passed and all court obligations have been satisfied.
It’s important to remember that expungement does not happen automatically after 10 years. The individual must initiate the process and follow all required steps to have the record sealed.
What Is the Expungement Process Like in Louisiana?
Expunging a DWI in Louisiana involves a multi-step administrative and court-based process. The general steps include:
- Obtain court records – Request certified copies of the conviction and sentencing documents.
- Complete expungement forms – Fill out standardized forms provided by the Louisiana State Police or local court system.
- Pay required fees – Expungement typically involves multiple fees, including court filing fees and processing charges. These often total several hundred dollars.
- File the petition – Submit the forms to the appropriate district court.
- Wait for review – The court reviews the request, and in some cases, a hearing may be held.
- Receive decision – If approved, the expungement order is issued and the record is sealed from public access.
This process may take several months from start to finish, depending on the court’s backlog and complexity of the case. Expungement does not require a lawyer, but some individuals choose to work with legal professionals for assistance with the paperwork and court filings.
Once granted, the DWI will no longer appear in most public background check systems, although certain entities may still be able to see the sealed record.
Can an Expunged DWI Still Be Seen by Anyone?
Yes. Even if a DWI is expunged in Louisiana, it may still be visible to certain agencies or institutions. While the general public, employers, and landlords are usually blocked from seeing the record, law enforcement, courts, and some government agencies may still access it under specific conditions.
This means:
- If you’re arrested again, the prior DWI may be considered by the court
- Some professional licensing boards may request access to sealed records
- Expunged DWIs may still count toward enhanced sentencing in rare legal situations
An expungement helps reduce the visibility and everyday consequences of a past offense, but it’s not a total deletion of the record. It’s more accurate to think of it as sealing the information from most public-facing systems.
Understanding this distinction helps set realistic expectations for individuals pursuing expungement after a DWI conviction.
Does Expungement Apply to Driving Records in Louisiana?
No. Expungement in Louisiana does not apply to driving records maintained by the Louisiana Office of Motor Vehicles (OMV). While a criminal DWI conviction may be sealed from public access through the court system, the OMV’s driving record is separate and operates under different rules.
A DWI typically remains on your OMV driving record for 10 years, regardless of whether it has been expunged from your criminal record. Insurance companies, law enforcement, and government agencies may still access this administrative record during that time.
There is no formal process to seal or expunge a DWI from the OMV database prior to the end of the 10-year retention period. After that time, the offense may no longer be visible on standard driving history reports, but internal systems may still retain the data.
For this reason, even if your criminal record is expunged, your driving history may still show the offense during the 10-year window.
Frequently Asked Questions About DWI Expungement in Louisiana
Can all DWIs be expunged in Louisiana?
No. Only first-time misdemeanor DWI convictions are generally eligible, and only after a 10-year waiting period.
How long does the expungement process take?
It can take several months from the time of filing to final approval, depending on the court’s workload.
Does expungement remove the DWI from insurance records?
No. Insurance companies often base decisions on OMV driving records, which are not affected by expungement.
Do I need a lawyer to file for expungement?
Not necessarily, but legal assistance may help ensure the paperwork is filed correctly.
Will the expunged DWI ever appear again?
Not in public background checks, but law enforcement and certain agencies may still access sealed records.
Conclusion
In Louisiana, it is possible to expunge or seal a first-time DWI conviction, but only after a 10-year waiting period and only if certain conditions are met. Expungement helps shield the offense from public view, especially during background checks for jobs or housing. However, it doesn’t erase the DWI entirely, and it won’t affect your driving record or insurance rates during the 10-year retention window.
If you’re looking to understand the long-term effects of a DWI and whether expungement might apply, it’s essential to focus on eligibility, process steps, and practical outcomes. The ability to seal a DWI record can offer relief — but only under specific circumstances and through formal channels.
To explore the broader consequences of a DWI conviction, visit the DUI Records and Long Term Impact page. You can also learn more from the related guide on How Long a DUI Stays on Your Record for a complete view of this topic.