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Understanding How an OWI Affects Your Record in Indiana
In Indiana, being arrested and convicted for an OWI—Operating While Intoxicated—can have long-lasting effects that go well beyond the courtroom. While the immediate consequences like fines, license suspension, or possible jail time are well known, many people are left wondering how long an OWI actually stays on their record. This question matters not just for peace of mind, but for employment, housing, insurance, and more.
An OWI in Indiana is not just a traffic issue; it’s considered a criminal offense. That means it becomes part of your criminal history, not just your driving record. Even if it’s your first offense, the long-term record implications can extend for years—or even a lifetime—depending on the nature of the conviction and whether it can be expunged under Indiana law.
This post breaks down how long OWIs stay on both your criminal and driving records in Indiana, the key differences between these records, and how each may affect your daily life. It also covers topics like insurance implications, employment background checks, and the process of record expungement in Indiana.
Whether you’re currently facing charges or trying to understand the long-term consequences of a past OWI, this guide provides clear, educational insight into what to expect under Indiana’s record retention laws.
What Does It Mean for an OWI to Stay on Your Record?
In Indiana, an OWI staying “on your record” can refer to two separate systems: your criminal record and your driving record. Both can reflect an OWI offense, but they serve different purposes and are managed by different entities.
Your criminal record includes all arrests, charges, and convictions and is managed by the Indiana court system. It’s often referenced during job applications, background checks, and licensing decisions.
Your driving record, on the other hand, is managed by the Indiana Bureau of Motor Vehicles (BMV). This record primarily affects your ability to drive and includes points, suspensions, and prior traffic offenses.
A first-time OWI conviction in Indiana will typically appear on both records. It’s important to understand that even if you fulfill all penalties and your license is reinstated, the offense itself doesn’t automatically vanish from your history. Unless formally expunged, it remains visible and may influence various aspects of your life for years.
How Long Does an OWI Stay on Your Criminal Record in Indiana?
In Indiana, an OWI conviction remains on your criminal record indefinitely unless you take steps to have it expunged. This means that even after completing probation, paying fines, and fulfilling any court requirements, the conviction does not automatically disappear with time.
However, Indiana does allow for the expungement of certain criminal records, including OWI offenses, under specific conditions. Generally:
- A first-time misdemeanor OWI may be eligible for expungement five years after the conviction date.
- A felony OWI (often due to prior offenses or aggravating factors) may be eligible for expungement after eight to ten years, depending on the severity.
To pursue expungement, you must file a petition with the court and meet all eligibility requirements, including no new offenses during the waiting period. It’s also important to note that while expungement can seal the record from public view, law enforcement and courts may still access the information.
How Long Does an OWI Stay on Your Driving Record in Indiana?
Unlike your criminal record, your Indiana driving record reflects offenses differently. The Indiana BMV maintains OWI offenses on your driving record for a minimum of 10 years. In some cases, especially with multiple offenses, the record may retain the violation permanently.
This extended visibility is critical because it affects how the BMV enforces license suspensions, habitual offender status, and points accumulation. Insurance companies may also access this information when determining your risk level and setting premium rates.
If you’re convicted of multiple OWIs within a short period, the BMV may label you a Habitual Traffic Violator (HTV), which can lead to a license suspension of five years or more.
Can an OWI Be Expunged or Removed in Indiana?
Yes, Indiana law provides a legal process for expungement of OWI convictions, depending on the offense type and time passed since the conviction. Expungement does not happen automatically—you must initiate the process and meet specific eligibility requirements.
For most misdemeanor OWIs, you can petition for expungement after five years, provided you’ve had no further arrests or convictions and have satisfied all sentence requirements, including probation and fines.
Felony OWIs usually require a longer waiting period—eight or ten years—and some may not be eligible at all, especially if injury or death occurred as a result of the offense.
Expungement in Indiana removes the offense from public records, meaning it won’t appear on standard background checks for employment or housing. However, as mentioned, certain government agencies may still be able to view the sealed record under limited circumstances.
How Do OWI Records Affect Employment and Background Checks in Indiana?
Employers in Indiana commonly conduct criminal background checks as part of their hiring process. An OWI conviction on your criminal record may raise concerns, especially if the position involves driving or requires a clean legal history.
Even if the OWI is a misdemeanor, it could impact your job prospects—especially in education, transportation, healthcare, or government roles. Some employers may be more lenient with older offenses or first-time infractions, while others may have strict zero-tolerance policies.
Once a conviction is expunged, Indiana law prohibits most employers from asking about it or using it as a basis for employment decisions. However, until that point, the OWI remains visible on public record databases used by most background check services.
Understanding the impact of an OWI on employment highlights why many individuals choose to pursue expungement once they become eligible under Indiana law.
How Insurance Companies View OWIs on Your Record
Auto insurance companies operating in Indiana often check your driving record to assess risk. An OWI conviction signals high risk, which typically leads to:
- Substantially higher premiums
- Loss of standard coverage eligibility
- Requirement to file an SR-22 certificate for high-risk insurance
The presence of an OWI on your Indiana driving record can result in premium increases lasting for several years, commonly three to five. If the OWI remains on your driving record for ten years or more, insurers may continue to use that information in future rate calculations.
If the offense is expunged from your criminal record, it does not affect the insurance side—because insurers rely on your BMV driving history, not court documents.
Differences Between First-Time and Repeat OWI Offenses
In Indiana, the number of OWI offenses on your record can significantly affect how long the conviction stays visible and the severity of related penalties.
- A first-time misdemeanor OWI might be eligible for expungement after five years and may impact insurance rates for a shorter period.
- A second or subsequent offense can be classified as a felony, resulting in enhanced penalties and a longer record retention period, both criminally and administratively.
Repeat offenders also face stricter limitations when applying for expungement and are more likely to be labeled as habitual offenders, a status that can carry long-term consequences.
The more OWIs you have on your record, the harder it becomes to mitigate the long-term effects, especially when seeking employment, insurance, or professional licenses in Indiana.
Frequently Asked Questions About OWI Records in Indiana
Does an OWI ever fall off your record automatically in Indiana?
No. OWI convictions do not automatically fall off either your criminal or driving record. You must pursue expungement through the courts for removal from your criminal record.
Can employers see an expunged OWI?
In most cases, no. Once an OWI is expunged, Indiana law restricts public access, including most employers. However, law enforcement and certain government agencies may still access sealed records.
How much does it cost to expunge an OWI in Indiana?
Filing for expungement can include court filing fees and possible attorney costs. While some people file on their own, others choose to hire legal help. Fees vary depending on the county and complexity of the case.
How long does the OWI stay on my Indiana driving record?
The Indiana BMV typically retains OWI offenses for at least 10 years. If you have multiple offenses, the record may reflect them permanently.
Will expunging my OWI affect my insurance?
No. Insurance companies rely on your driving record, not your criminal record. Expunging an OWI does not erase it from your BMV record.
What happens if I get another OWI after expungement?
A new OWI offense is treated as a new charge and may also affect your ability to expunge past offenses. Courts and the BMV may still consider prior OWIs—even if expunged—when determining sentencing and penalties.
Conclusion: Understanding the Long-Term Record Impact of an Indiana OWI
In Indiana, an OWI conviction can remain visible on both your criminal and driving records for many years, with consequences that extend far beyond the initial arrest. While criminal records may be eligible for expungement after a certain waiting period, driving records often retain OWI offenses for at least a decade—or longer.
For those looking to move forward after an OWI, it’s important to understand how record retention works in Indiana, how it may affect employment and insurance, and what legal options exist for clearing your record. Whether you’re dealing with a first-time misdemeanor or navigating the impact of a repeat offense, knowing what stays on your record—and for how long—can help you make informed decisions about your future.
To learn more about the broader effects of convictions like this, visit our DUI Records and Long Term Impact page.
For specifics about timelines and retention, check out How Long a DUI Stays on Your Record.