Expungement: Clear your past arrest and conviction record

(13) Expunction.

(a)Any person convicted under subsection (2) or (3) of this section of a first offense of driving under the influence and who was not the holder of a commercial driver’s license or a commercial learning permit at the time of the offense may petition the circuit court of the county in which the conviction was had for an order to expunge the record of the conviction at least five (5) years after successful completion of all terms and conditions of the sentence imposed for the conviction. Expunction under this subsection will only be available to a person:

• (i)Who has successfully completed all terms and conditions of the sentence imposed for the conviction;

• (ii)Who did not refuse to submit to a test of his blood or breath;

• (iii)Whose blood alcohol concentration tested below sixteen one-hundredths percent (.16%) if test results are available;

• (iv)Who has not been convicted of and does not have pending any other offense of driving under the influence;

• (v)Who has provided the court with justification as to why the conviction should be expunged; and

• (vi)Who has not previously had a nonadjudication or expunction of a violation of this section.

(b)A person is eligible for only one (1) expunction under this subsection, and the Department of Public Safety shall maintain a permanent confidential registry of all cases of expunction under this subsection for the sole purpose of determining a person’s eligibility for expunction, for nonadjudication, or as a first offender under this section.

(c)The court in its order of expunction shall state in writing the justification for which the expunction was granted and forward the order to the Department of Public Safety within five (5) days of the entry of the order.