How To Expunge a DWI in Arkansas? 2024

If you were convicted of a DWI, you may be wondering how to expunge a DWI in Arkansas. Having a DWI on your record can affect many aspects of your life, including employment opportunities, housing applications, and insurance rates. Fortunately, Arkansas law provides a pathway for individuals to seek expungement for certain DWI convictions.

What Is Expungement?

Before getting into the specifics of expunging a DWI, it’s important to understand what expungement means. Expungement is the legal process of sealing or clearing an individual’s criminal record. Once a record is expunged, it becomes unavailable to the general public, which can be extremely beneficial when applying for jobs, loans, or housing.

Law enforcement agencies can still access an expunged record, however, and it may come up if you face future criminal charges. Additionally, it may also impact certain aspects of your life, such as professional licensing or driving privileges. Despite this, having a DWI expunged can be a major step toward a fresh start.

Can a DWI Be Expunged in Arkansas?

In Arkansas, DWI convictions can be expunged under certain circumstances. If you were convicted of a first-time DWI offense, you may be eligible to have the conviction sealed after a designated period. This process is not automatic, and you must meet specific legal requirements before applying for expungement.

The eligibility criteria for expungement include:

• First-Time Offense. Typically, only first-time DWI offenders are eligible for expungement. Repeat offenders may not qualify for this option.
• Sentence Completion. Before you can file for expungement, you must complete all aspects of your sentence, including completing any required alcohol education or treatment programs, paying all fines, and completing probation.
• Waiting Period. There is a mandatory waiting period before you can file for expungement. For a DWI conviction, this waiting period is typically five years from the date of your conviction or the completion of your sentence.

Once these criteria are met, you may petition the court to have your DWI conviction expunged. The court will review your case, and the conviction will be sealed from public view if approved.

Steps to Expunge a DWI in Arkansas

Expunging a DWI in Arkansas involves several steps, and the process can be complicated. Here’s a general overview of what to expect when seeking an expungement:

1. Determine Eligibility. Before beginning the expungement process, you must confirm your eligibility. This typically means you have a first-time DWI conviction, have completed all aspects of your sentence, and have waited the required waiting period.
2. Obtain Legal Counsel. Having an experienced attorney can significantly improve your chances of success. An attorney can guide you through the legal requirements, help you file the necessary paperwork, and represent you during court hearings.
3. File a Petition. The next step is to file a petition for expungement with the court where your DWI conviction took place. The petition must include details about your conviction, evidence that you have completed your sentence, and any supporting documents that demonstrate your rehabilitation.
4. Attend a Hearing. Once the petition is filed, the court will schedule a hearing to review your request. During the hearing, the judge will consider your case and may ask questions about your conduct since the conviction. This is where having legal representation can be particularly beneficial, as an attorney can advocate on your behalf.
5. Wait for the Court’s Decision. After the hearing, the court will decide on whether your DWI conviction can be expunged. If approved, your record will be sealed.

Benefits of Expunging a DWI in Arkansas

When a DWI conviction is sealed, most background checks conducted by employers, landlords, and credit agencies will no longer reveal the DWI. This can open doors that were previously closed due to the conviction. Additionally, expungement can lead to lower auto insurance rates, as many insurance providers raise premiums for individuals with a DWI conviction.

FAQs

Q: Is It Easy to Get a DWI Expunged in Arkansas?

A: It’s not necessarily easy to get a DWI expunged, but if you meet the requirements and have legal counsel to advocate for you, you increase your chances of success. Generally, only first-time offenders are eligible for expungement, and you must complete all aspects of your sentence, including probation and fines. After a specific waiting period, you may petition the court to have your DWI sealed.

Q: How Much Does It Cost to Get Your Record Expunged in Arkansas?

A: The cost of expunging a record in Arkansas can vary depending on the complexity of the case and the cost of filing fees for the expungement petition. Legal fees can also vary based on the attorney’s experience and the work involved in your case. It’s important to discuss all potential costs upfront with your attorney.

Q: What Is the Look-Back Period for a DWI in Arkansas?

A: The look-back period for a first-time DWI in Arkansas is ten years. This means if you are charged with another DWI within ten years of a previous conviction, the new offense will be treated as a second offense with enhanced penalties. After the ten-year period, any subsequent DWI will be treated as a first offense.

Q: Can a DWI Be Dismissed in Arkansas?

A: A DWI charge can be dismissed in Arkansas under certain circumstances. For example, if the police did not follow proper procedures during your arrest or there is insufficient evidence to prove intoxication, your attorney may be able to get the charges reduced or dismissed. Dismissal is not always guaranteed, however, and it typically requires the skill of an experienced DWI defense attorney to identify potential issues in the prosecution’s case.

Contact Lemley Law Partners

Expunging a DWI in Arkansas offers individuals a chance to clear their records and move forward with their lives. Although the path to expungement can be complex and involves multiple legal steps, the benefits of having a DWI expunged are substantial. Expungement can provide a fresh start after a DWI conviction, from improved job prospects to reduced insurance premiums.

If you’re considering pursuing expungement, the office of Lemley Law Partners is ready to fight for you. Contact us today to schedule a consultation, and let us guide you through this process.