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A DWI conviction in Arkansas carries more than just short-term consequences like fines or a suspended license. One of the most important and often misunderstood aspects is whether or not the charge goes on your criminal record. The answer is yes—a DWI does become part of your permanent criminal history in the state of Arkansas unless specific legal steps are taken to seal it.
For many individuals, especially those facing a first offense, the idea of having a criminal record can feel overwhelming. It raises questions about background checks, job applications, housing, and even college admissions. In Arkansas, even a misdemeanor DWI can be visible to employers, landlords, and licensing boards through a routine criminal background check.
Unlike your driving record, which is maintained by the state’s Office of Driver Services and used primarily for transportation-related issues, your criminal record is tracked by the judicial system and accessible in many everyday situations.
This post will clarify what it means to have a DWI on your criminal record in Arkansas, how long it stays there, who can see it, and what it impacts in your daily life. We’ll also explain the difference between sealing a record and having it visible indefinitely, and how your criminal record interacts with your driving record.
What Is a Criminal Record in Arkansas?
Your criminal record in Arkansas is a documented history of arrests, charges, and court outcomes that involve violations of state or local laws. It’s maintained by law enforcement agencies, court systems, and the Arkansas Crime Information Center (ACIC). This record becomes part of your personal background profile and is accessible in many official settings, including job applications, professional licensing, and housing screenings.
A DWI, even as a misdemeanor, is considered a criminal offense in Arkansas. Once you’re convicted or plead guilty, the court documents that result are added to your criminal file. This means your name, the charge, the date, and the outcome become part of a searchable database available to background check services.
Unlike a traffic ticket or civil infraction, a criminal record reflects serious offenses that have broader implications. It can influence how employers view your reliability, affect your ability to obtain or renew certain professional licenses, and limit access to rental housing.
Even after you’ve completed all sentencing requirements—such as fines, probation, or alcohol education classes—the record doesn’t automatically disappear. It remains unless it is formally sealed, which requires eligibility and a court-approved process.
Understanding that a DWI becomes a permanent part of your criminal history helps highlight the long-term impact and the importance of managing your record responsibly.
Why a DWI Is Considered a Criminal Offense in Arkansas
In Arkansas, Driving While Intoxicated (DWI) is not just a traffic violation—it’s a criminal offense under state law. This distinction matters because it determines how the charge is processed, recorded, and later referenced in background checks.
A first-time DWI in Arkansas is typically classified as a Class A misdemeanor, which is the most serious type of misdemeanor in the state. Repeat offenses within a specific timeframe can be elevated to felony charges, carrying even more severe consequences and longer-lasting records.
The reason Arkansas treats DWIs as criminal offenses is due to the significant safety risks they pose. Operating a vehicle under the influence of alcohol or drugs is a public safety issue, and the law treats it accordingly. This means that the charge goes through the criminal court system, not traffic court, and results in a permanent entry on your criminal record.
The classification as a misdemeanor or felony depends on your history and the specific details of the incident, such as blood alcohol content (BAC), presence of minors in the vehicle, or involvement in accidents.
Even for first-time offenders, the consequences extend far beyond the courtroom. Because it’s a criminal charge, it will be accessible through most standard background checks, making it harder to secure jobs, licenses, or housing without addressing the record.
How Long Does a DWI Stay on Your Criminal Record in Arkansas?
Unless it is formally sealed, a DWI stays on your criminal record permanently in Arkansas. Unlike your driving record—which only retains the DWI for five years—a criminal conviction remains visible indefinitely to background check systems.
This can have long-term effects on employment, housing, and professional opportunities. For example, employers who conduct criminal background checks may see the offense years after the conviction, even if you’ve met all the conditions of your sentence. Some companies may disqualify candidates based on any criminal history, including a single DWI.
Arkansas does allow certain misdemeanor DWIs to be sealed, but only after meeting strict eligibility requirements and completing a mandatory five-year waiting period after your sentence ends. Until that process is successfully completed, the record remains open and publicly accessible.
The only way to reduce the visibility of a DWI on your criminal record is to pursue sealing through the appropriate court channels. But even that doesn’t erase the conviction—it only makes it invisible to most non-government background checks.
So while five years is often quoted as the timeline for driving-related consequences, the criminal side of a DWI lasts much longer, and can continue to affect your reputation and opportunities unless you take formal action.
Who Can See a DWI on Your Criminal Record?
A DWI on your Arkansas criminal record can be seen by a wide range of individuals and organizations during background checks. These include:
- Employers, especially in industries that require safety-sensitive roles or operate vehicles
- Landlords and property managers conducting tenant screenings
- Colleges and universities reviewing applications
- Professional licensing boards in fields such as healthcare, education, and law enforcement
- Military recruiters and government agencies
- Volunteer organizations and nonprofit groups requiring background verification
While some employers may be willing to overlook a DWI—especially if it was a first offense and occurred years ago—others have strict policies that disqualify applicants based on any criminal conviction.
Government agencies and law enforcement will always have full access to your criminal history, including sealed records. However, private background checks run by employers or landlords typically only show unsealed convictions.
This wide accessibility is why it’s critical to understand how visible your record is. Even if you’ve completed all sentencing and haven’t had further issues, a DWI remains a part of your background and can influence important decisions in your life for years to come.
If your record is sealed through the courts, it will no longer appear in most non-government background checks—but until then, it is publicly accessible.
How Sealing a Record Differs From Deletion
In Arkansas, sealing a criminal record is often referred to as “expungement,” but technically, the record is not deleted or destroyed—it is hidden from public view. The sealed record still exists within the criminal justice system and is accessible to law enforcement and certain state agencies.
Sealing a DWI record is available only to individuals who meet strict eligibility criteria, which usually includes:
- A first-time misdemeanor DWI conviction
- Completion of all sentencing terms (fines, classes, probation)
- A five-year waiting period after completing the sentence
- No new convictions during that time
Once sealed, the conviction won’t appear in most standard background checks run by employers or landlords. You can legally answer “no” when asked about prior convictions in many situations, which can greatly improve your opportunities for employment and housing.
However, it’s important to remember that sealing does not equal erasing. The record still exists and may be considered in future legal or professional evaluations. For example, if you’re arrested again, the sealed DWI may still factor into sentencing.
Sealing provides relief from public consequences, but it doesn’t eliminate the conviction completely. It’s a powerful tool, but one that requires patience, eligibility, and the right process to be effective.
Why Your Driving Record and Criminal Record Are Not the Same
One of the most common misconceptions about a DWI is that resolving the driving consequences means the issue is behind you. But in reality, your driving record and criminal record are entirely separate systems in Arkansas.
- The driving record is maintained by the Arkansas Office of Driver Services and focuses on license status, points, and violations. A DWI stays on your driving record for five years.
- The criminal record is maintained by courts and law enforcement. A DWI remains visible indefinitely unless sealed through the court system.
This means that even after your license is reinstated and your driving privileges are restored, your criminal record still shows the DWI conviction. Employers or landlords running criminal background checks will still see the offense unless you qualify for and successfully complete the sealing process.
Furthermore, sealing your criminal record does not affect your driving record, and vice versa. These systems operate independently, and relief in one area does not automatically apply to the other.
Understanding the difference helps clarify what steps you need to take to manage both aspects of a DWI and limit its long-term impact.
FAQ
Does a DWI Show Up on a Criminal Background Check in Arkansas?
Yes. A DWI is a criminal offense and will appear in most background checks unless it’s sealed.
Is a DWI in Arkansas Considered a Misdemeanor or a Felony?
A first-time DWI is usually a misdemeanor. Repeat offenses or cases involving aggravating factors may be charged as felonies.
How Long Will a DWI Stay on My Criminal Record?
Indefinitely, unless the record is sealed through the court system.
Can a DWI Be Removed From My Criminal Record?
Yes, under certain conditions. If eligible, you may apply to have your record sealed after a five-year waiting period.
Is Sealing a Record the Same as Expunging It?
In Arkansas, sealing is the correct legal term. It hides the record from public view but does not delete it.
Conclusion
A DWI conviction in Arkansas does go on your criminal record, and it stays there permanently unless sealed by a court. This can impact everything from job searches and housing to licensing and educational opportunities. Even a first offense that occurred years ago remains visible in background checks unless formally addressed through the sealing process.
Unlike your driving record—which eventually clears after five years—your criminal record remains intact. Understanding this distinction helps you better navigate post-conviction life and make informed choices about your future.
To learn more about the broader effects of a DWI on your personal history, check out our article on DUI Records And Long Term Impact. If you’re wondering how long the offense sticks around, see our full breakdown here: How Long a DUI Stays on Your Record.