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In Louisiana, a DWI — short for “Driving While Intoxicated” — is more than just a traffic offense. It can leave a lasting mark on your criminal record that may affect your future in various ways. Whether you’re dealing with your first offense or just trying to understand the law, it’s important to know how DWIs are classified and recorded in Louisiana.
This post is designed to provide a clear explanation of whether a DWI becomes part of your criminal history in Louisiana, how long it stays there, and what consequences may follow. The goal is to help Louisiana residents understand the nature of a DWI as it relates to criminal records — with a neutral, informational tone that avoids legal interpretation.
Unlike a parking ticket or speeding violation, a DWI carries different weight because it involves public safety and potential legal consequences. As such, it can appear on a criminal background check and may remain visible for many years unless removed through a formal process.
In the sections below, we’ll cover how DWIs are classified in Louisiana, how the state records them, how long they last on your record, and what this means in practical terms for employment, background checks, and other life areas.
Let’s walk through exactly how a DWI fits into Louisiana’s criminal record system.
Is a DWI Considered a Criminal Offense in Louisiana?
Yes, a DWI is considered a criminal offense in Louisiana. It is not handled like a standard traffic ticket. A first-time DWI is typically classified as a misdemeanor, while repeat offenses or cases involving aggravating factors (such as injuries or extremely high blood alcohol content) can result in felony charges.
Because of this criminal classification, a DWI will be entered into your criminal record once the conviction is finalized. This entry is maintained by the Louisiana State Police and is accessible through official criminal background checks.
This means that if you’re convicted of a DWI in Louisiana, that information will become part of your formal criminal history. Law enforcement agencies, courts, and in some cases, employers or licensing boards may be able to view that conviction during background screenings.
The classification as a criminal offense is important because it defines how the record is handled, how long it lasts, and how it may impact different areas of life — from job opportunities to travel, housing, or licensing.
What Parts of a DWI Case Show Up on a Criminal Record?
When a DWI leads to a conviction in Louisiana, several key pieces of information are typically recorded as part of the criminal record. This may include:
- The date of arrest
- The charge filed (e.g., DWI first offense)
- The court where the case was heard
- The outcome (conviction, dismissal, diversion, etc.)
- Sentencing information if applicable
Even if the DWI charge is later reduced, dismissed, or resolved through a plea deal, the arrest and court process may still be recorded. That’s why some people are surprised to learn that their record shows a DWI even if they didn’t serve jail time or were not convicted in the traditional sense.
In Louisiana, criminal records are fairly detailed and may be pulled for a wide variety of reasons. Court databases, police reports, and state-level systems all play a role in building and maintaining these records. This makes it important to know exactly how your DWI case was handled — because different outcomes may result in different record implications.
How Long Does a DWI Stay on Your Criminal Record in Louisiana?
A DWI stays on your criminal record in Louisiana for 10 years unless it is expunged. This is based on the state’s “lookback period,” which is the window of time during which a previous offense can be considered if a person is charged again.
This 10-year timeframe is important for two main reasons:
- Repeat Offenses – If someone receives another DWI within 10 years of the first, it can be treated as a second offense, often with more serious penalties.
- Expungement Eligibility – In most cases, an individual must wait 10 years after a DWI conviction (and meet other conditions) before applying for an expungement to remove the offense from public view.
Even after the 10-year period, the DWI may still be visible to certain government entities or during detailed background checks. However, it no longer counts as a prior offense for sentencing purposes in most standard DWI cases.
This timeline applies specifically to the criminal record. Your driving record, which is a separate system, also retains DWI offenses for up to 10 years in Louisiana.
Do Employers See DWI Convictions on Background Checks?
Yes, in many cases, employers can see DWI convictions when running a criminal background check in Louisiana. This is especially true if the conviction is recent or has not been expunged. Some employers use broad databases that pull in public court records, arrest data, and conviction history.
The level of access and the depth of the background check can vary depending on the type of job. Positions that involve driving, childcare, healthcare, or financial responsibility may trigger more extensive screening. In those cases, a DWI conviction — even one that is several years old — could appear and influence hiring decisions.
That said, Louisiana residents have the option of pursuing expungement for eligible offenses after a certain period. Once expunged, the record is sealed from public access, and employers using standard background checks typically won’t see it.
It’s important to note that even if expunged, the DWI may still be visible to certain government agencies, law enforcement, or licensing boards, depending on the context.
What About Arrests Without Conviction?
Even if a person is arrested for DWI but not convicted, the arrest may still appear on their criminal record in Louisiana. While it won’t show a guilty verdict, it may still display the fact that an arrest occurred, along with details of the court case and final outcome (e.g., charges dropped, case dismissed).
For individuals concerned about how this might affect employment or housing, it’s worth knowing that expungement may also be possible in these situations, sometimes with a shorter waiting period than a full conviction requires.
In Louisiana, expungement rules differ based on whether the case was resolved with a conviction, acquittal, or dismissal. But in all cases, the arrest record does not vanish automatically — action must be taken to seal it from public view.
This highlights how even a case that ends without punishment can still leave a paper trail in official systems unless it’s formally addressed through the expungement process.
Can a DWI Be Removed from a Criminal Record in Louisiana?
Yes, Louisiana law allows for expungement of certain DWI convictions after a waiting period of 10 years. This means the offense can be sealed from public view, making it less likely to show up on most standard background checks.
However, there are several requirements:
- It must be a first offense (or the only one in the last 10 years)
- There must be no other felony convictions in that time
- All terms of the sentence must be completed (fines, classes, probation)
- A formal petition must be filed with the court
Expungement does not completely erase the offense. Law enforcement, prosecutors, and some licensing boards may still access the record. But for most day-to-day purposes — like job applications or renting an apartment — the offense will no longer appear.
If a DWI does not qualify for expungement, it will remain on the public criminal record indefinitely. That’s why understanding eligibility and timelines is crucial for those who want to reduce the long-term impact of a past offense.
Difference Between Criminal Record and Driving Record
In Louisiana, there is a clear distinction between your criminal record and your driving record, even though both may be affected by a DWI.
- The criminal record is maintained by state law enforcement and court systems. It shows arrest details, charges, convictions, and sentencing outcomes.
- The driving record is managed by the Louisiana Office of Motor Vehicles (OMV) and includes information related to your license, suspensions, points, and insurance filings.
A DWI conviction usually affects both records. The criminal record tracks the legal process, while the OMV record may result in a license suspension, SR-22 insurance requirements, and additional fees.
It’s possible to have the criminal record expunged without the driving record being cleared. Each system operates independently, and actions taken in one do not automatically affect the other. This is an important distinction for anyone seeking to reduce the visibility of a past DWI.
Frequently Asked Questions About DWIs and Criminal Records in Louisiana
Is a first-time DWI a criminal offense in Louisiana?
Yes. Even a first-time DWI is considered a criminal misdemeanor in Louisiana.
Will a DWI always show up on my background check?
It depends. If it hasn’t been expunged, it likely will. Expunged records are usually sealed from public view.
Can I get a DWI removed from my record in Louisiana?
Possibly. After 10 years, and assuming no other offenses or disqualifying factors, expungement may be an option.
Does a DWI affect both my criminal and driving record?
Yes. A DWI affects both your legal history and your OMV driving record, and each must be addressed separately.
Will a DWI prevent me from getting a job?
Not automatically. It depends on the job and whether the offense is visible during a background check.
Conclusion
In Louisiana, a DWI does go on your criminal record and can stay there for a decade or longer unless formally expunged. This classification affects everything from future legal outcomes to job applications and background screenings. Understanding the difference between criminal and driving records is key — both are impacted, but they operate independently.
Knowing the timelines and processes that apply in Louisiana can help residents navigate the long-term implications of a DWI. From visibility in public databases to eligibility for expungement, the rules are clear but require action to manage.
For a complete overview of how DWI offenses affect long-term records, visit the DUI Records and Long Term Impact page. You can also read more about How Long a DUI Stays on Your Record for additional context.