Local DUI Laws

Understanding OWI Charges and Criminal Records in Indiana

In Indiana, being charged with OWI—Operating While Intoxicated—is a serious matter with long-term consequences that can extend well beyond court fines and license suspension. One of the most common and important questions people ask is whether an OWI goes on their criminal record. The short answer is yes—but understanding the details is key.

A criminal record in Indiana includes information about arrests, charges, and convictions. It’s what employers, licensing boards, housing agencies, and others may review when making decisions about you. Whether you’re arrested for OWI or convicted, these events can be recorded and remain part of your public history.

But not every OWI case is the same. The way it appears on your record, how long it stays, and what can be done about it all depend on specific factors like whether the offense was a misdemeanor or felony, if it was a first-time charge, and whether it was expunged later.

This post explains how OWI charges affect criminal records in Indiana, the types of records involved, and what you need to know about expungement, background checks, and long-term impact. It’s designed to provide a clear understanding without legal jargon, helping you make informed decisions about your situation.

What Happens When You’re Charged With OWI in Indiana?

An OWI charge in Indiana begins when a law enforcement officer suspects impaired driving and makes an arrest based on evidence like breathalyzer results, field sobriety tests, or observed behavior. Once arrested, the driver is typically taken into custody and booked—this marks the beginning of their criminal case.

The charge itself becomes part of your criminal record, even before any conviction. This means that even if your case is later dismissed or you’re found not guilty, the fact that you were arrested and charged can still appear in public records unless you take further action to remove it.

In Indiana, OWI can be charged as either a misdemeanor or a felony, depending on the circumstances. A first-time offense without aggravating factors is usually a misdemeanor, while repeat offenses, or those involving injury, may be elevated to felonies.

Both misdemeanor and felony charges go on your criminal record. The arrest, court dates, and outcomes become part of the record that may be seen by employers, licensing boards, and other institutions.

Is an OWI Considered a Criminal Offense in Indiana?

Yes. In Indiana, OWI is classified as a criminal offense under state law. That means it is not just a traffic violation—it carries criminal penalties and results in a criminal record entry. Even a first-time OWI offense is not treated lightly.

Here’s how it typically breaks down:

• Misdemeanor OWI: This includes most first-time offenses with no injuries or aggravating factors. These are Class C or Class A misdemeanors, depending on the level of blood alcohol content (BAC) and other conditions.
• Felony OWI: This applies to repeat offenses or cases involving serious injury, death, or driving with a suspended license. These are Level 6 felonies or higher, depending on the situation.

Once a person is convicted, the OWI becomes a permanent part of the criminal record unless it is later expunged. This is true even if the sentence includes only probation or community service.

Importantly, Indiana law treats OWI as part of your criminal history that can be used to enhance future penalties if you’re charged again.

How Long Does an OWI Stay on Your Criminal Record?

Unless action is taken to remove it, an OWI stays on your criminal record permanently in Indiana. The conviction does not expire or drop off after a certain number of years like some driving points might on a BMV record.

However, Indiana law does allow for expungement of certain criminal records—including OWI convictions—after a waiting period. Here are the general timelines:

• First-time misdemeanor OWI: May be eligible for expungement five years after the conviction, if all court-ordered requirements are fulfilled and no new crimes have occurred.
• Felony OWI: May be eligible for expungement eight to ten years after conviction, depending on the offense level and whether it involved injury or death.

Even after expungement, records may still be visible to certain law enforcement agencies and courts, but they will not be accessible to the general public or standard background checks.

What’s the Difference Between a Driving Record and a Criminal Record?

Many people confuse a driving record with a criminal record, but they are two different things managed by different systems in Indiana.

• Driving Record: Maintained by the Indiana Bureau of Motor Vehicles (BMV), this includes traffic violations, license suspensions, and OWI offenses. Insurers and some employers check this to assess driving history.
• Criminal Record: Maintained by the court system, this includes all criminal charges, including OWI arrests and convictions. It’s used by employers, landlords, licensing boards, and more.

While both records may show an OWI, they serve different purposes. An expungement affects the criminal record, not the BMV record. This means an OWI may still affect your driving privileges or insurance rates even after the criminal record is sealed.

Can You Get an OWI Removed From Your Criminal Record in Indiana?

Yes, Indiana allows for the expungement of certain OWI convictions, meaning the record can be sealed from public access. However, expungement is not automatic—you must apply through the court system and meet eligibility requirements.

Requirements often include:

• A waiting period of five years for a misdemeanor or eight to ten years for a felony
• Completion of all court-ordered penalties, including probation and fines
• No new criminal charges during the waiting period

Expungement does not erase the record entirely—it seals it from public access. Law enforcement and courts may still see the conviction, especially if you face new charges in the future.

It’s also worth noting that expungement of a criminal record does not affect your driving record, which is maintained separately by the BMV.

How Does an OWI on Your Record Affect Job Searches?

Having an OWI on your criminal record can affect job opportunities in Indiana, particularly if the job involves driving, working with vulnerable populations, or holding a professional license. Many employers run background checks and may see the offense.

• A misdemeanor OWI may raise concerns but won’t automatically disqualify you for all jobs.
• A felony OWI can be a more serious barrier, especially for positions with strict background requirements.

If you get your record expunged, Indiana law protects you from having to disclose the conviction in most employment situations. Employers also cannot use sealed records as a reason to deny employment—though there are exceptions for sensitive job roles.

Understanding how criminal records are viewed in employment helps clarify why many people pursue expungement once they are eligible.

How Does an OWI Conviction Compare to Other Offenses?

In terms of long-term record consequences, an OWI conviction sits somewhere between minor infractions and serious felonies. Here’s how it compares:

• Worse than traffic tickets or non-criminal violations: Because OWI is a criminal offense, it has broader consequences.
• Similar to other misdemeanors: A first-time OWI may be treated like other Class A or C misdemeanors in Indiana.
• Less severe than violent or felony-level crimes: But repeat OWIs can reach felony status, especially if someone is injured.

That said, the real difference lies in visibility and impact. An OWI affects both your criminal and driving records, making it more noticeable in background checks and insurance reviews.

Expungement options for OWI exist, but eligibility depends on factors like offense type, time passed, and completion of court orders.

Frequently Asked Questions About OWI and Criminal Records in Indiana

Is an OWI in Indiana a misdemeanor or felony?
It depends. A first offense is usually a misdemeanor, while repeat offenses or those involving injury or aggravating factors can be felonies.

Can I expunge an OWI from my criminal record?
Yes, after five years for misdemeanors and eight to ten years for felonies, provided all conditions are met.

Does an OWI show up on all background checks?
Yes, unless expunged. Criminal background checks in Indiana typically show OWI charges and convictions.

Can an OWI affect professional licensing?
Yes. Agencies that issue licenses may deny or revoke them based on criminal history, including OWI.

Is an OWI considered a criminal conviction?
Yes. An OWI conviction in Indiana is classified as a criminal offense and becomes part of your criminal record.

What if my OWI case was dismissed?
Even dismissed charges may still appear in your criminal history unless expunged. You can apply to seal the record in these cases.

Conclusion: Clarifying the Criminal Record Impact of an Indiana OWI

In Indiana, an OWI is not just a traffic violation—it’s a criminal offense that goes on your record and may remain there indefinitely without expungement. Whether it’s a misdemeanor or felony, the conviction becomes part of your public criminal history, visible to employers, housing providers, and licensing boards.

Although Indiana offers a path to expungement, it involves a waiting period and specific eligibility rules. Understanding the differences between your criminal and driving records, and knowing how each affects your future, is crucial to managing the impact of an OWI.

To learn more about these long-term effects, visit our page on DUI Records and Long Term Impact.
For specifics on timelines and record retention, see How Long a DUI Stays on Your Record.