A DWI conviction in Louisiana—even a first offense—can haunt you for a decade. A DWI conviction can significantly impact various aspects of your life, including employment, insurance, and personal reputation. It’s not just about the immediate fines; it’s about the permanent criminal record that appears on background checks and the high insurance premiums that follow you. Many employers conduct background checks and may consider a DWI conviction when making hiring decisions.
At Bloom Legal, we specialize in the specific technical requirements for DWI Expungements. While many firms handle general criminal defense, we focus on the “Clean Slate” process of clearing both your court record and, where possible, notifying the Office of Motor Vehicles (OMV).
Introduction to Expungement
Expungement is a powerful legal remedy that allows individuals to remove certain criminal offenses, including a DWI conviction, from their criminal record in Louisiana. For those who have been convicted of a DWI, the expungement process offers a chance to clear their record and move forward without the burden of a past conviction holding them back. This can be especially important when applying for jobs, seeking housing, or pursuing other opportunities where a criminal record might be a barrier. In Louisiana, the expungement process can be complex, but with the help of a knowledgeable attorney, individuals can navigate the requirements and increase their chances of successfully removing a DWI conviction from their record. Taking this step can make a significant difference in how a record in Louisiana is viewed by employers, landlords, and others, providing a true second chance for those who have been convicted of a DWI.
Louisiana Laws and DWI
Louisiana’s DWI laws are among the strictest in the country, imposing severe penalties on those convicted of driving while intoxicated. A DWI conviction can result in license suspension, hefty fines, and even jail time, with the conviction remaining on your driving record for ten years. Prior convictions play a significant role in determining the severity of penalties for any subsequent offenses, making it crucial to understand how your record can impact your future. Navigating the expungement process is essential for anyone looking to remove a DWI conviction from their criminal record. This process requires careful attention to detail, including the submission of a properly completed expungement packet to the appropriate authorities. By understanding Louisiana’s DWI laws and the steps involved in expungement, individuals can take control of their record and work toward a clean slate.
Blood Alcohol Content Limits
In Louisiana, the legal limit for blood alcohol content (BAC) is set at 0.08%. If you are found driving with a BAC above this legal limit, you can be charged with a DWI, and the consequences can be severe. The penalties for a DWI conviction become even more serious if you have a high blood alcohol concentration at the time of arrest, potentially resulting in longer license suspensions, higher fines, and more severe penalties overall. Exceeding the legal limit not only increases the risk of a DWI charge but can also lead to long term consequences that affect your driving privileges, insurance rates, and criminal record. Understanding the importance of staying within the legal BAC limit can help you avoid the significant repercussions of a DWI conviction in Louisiana.
The 10-Year Cleansing Period vs. Expungement
In Louisiana, there is a major difference between the “lookback period” and a legal expungement:
- The 10-Year Lookback (DWI Cleansing Period): For sentencing purposes, a DWI “stays on your record” for 10 years, also known as the DWI cleansing period. If you have a previous DWI conviction from more than a decade ago, it generally cannot be used to enhance penalties for a new offense. However, if you get a second DWI within 10 years of the first, it is charged as a second offense with harsher penalties.
- The Expungement: This is a court-ordered process to remove the DWI from public records. Expungement prevents the DWI from appearing in most background checks, but some information may remain visible to law enforcement or government agencies. Without an expungement, a DWI remains on your criminal record forever, even after the 10-year lookback period ends.
Eligibility: Can Your DWI Be Expunged?
1. The Article 894 Plea (Immediate Path)
If you were sentenced under Article 894, you have a powerful tool for a clean slate. Once you successfully complete your probation and all court requirements (classes, community service, fines):
- We file a Motion to Set Aside Conviction and Dismiss Prosecution.
- Once dismissed, the conviction is treated as an acquittal for expungement purposes.
- You are eligible to file for expungement immediately upon dismissal.
Note: You can only use an Article 894 dismissal for a DWI once every 10 years.
2. The 5-Year Wait (Standard Path)
If you were not sentenced under Article 894, you must typically wait 5 years after completing your sentence, probation, and parole before you are eligible to file for a misdemeanor DWI expungement. During this time, you must have no felony convictions and no pending criminal charges.
The DWI Expungement Workflow
- Set Aside (if applicable): We file the Article 894 motion to have the case officially dismissed.
- OMV Certification: For DWIs, we must include your Driver’s License Number on the motion and notify the Office of Motor Vehicles.
- State Background Check: We obtain a formal fingerprint-based background check from the Louisiana State Police.
- Filing the Motion: You typically file the formal petition for expungement with the clerk of court in the court of conviction (e.g., New Orleans Municipal Court or 24th JDC) and pay the required filing fees and court costs.
- Service to Agencies: Once the judge signs the order, it is served to the NOPD/Sheriff, the district attorney (who may object to the expungement), the State Police, and the OMV.
The judge determines whether the expungement will be granted based on the motion and any objections. Once the expungement is granted, you can obtain a certified copy of the order from the clerk of court as official proof.
Costs for DWI Expungement
DWI expungements carry an additional administrative burden compared to standard misdemeanors:
- Court Filing Fee: Standard $550 non-refundable fee.
- OMV Processing Fee: An additional $50 fee payable to the Department of Public Safety & Corrections (Office of Motor Vehicles) is required to process the OMV’s portion of the record.
- State Police Background Check: $250 money order to the Louisiana State Police.
If you cannot afford the filing fees, you may apply for a fee waiver by requesting in forma pauperis status. If you meet certain income criteria, the court may allow you to proceed without paying the standard costs.
A DWI conviction can result in higher premiums or even policy cancellation from your car insurance provider. Successfully expunging your DWI may help reduce these insurance costs.
The Importance of Expungement
For individuals convicted of a DWI in Louisiana, expungement is a crucial step toward overcoming the long term consequences of a criminal conviction. Having a DWI on your record can lead to increased car insurance rates, difficulty finding employment, and ongoing social stigma. Expungement offers the opportunity to remove this conviction from your record, allowing you to move forward without the shadow of a past mistake. However, the expungement process can be complicated, and it is essential to work with a knowledgeable attorney who can develop a strong defense strategy and ensure that every step is handled correctly. With the right legal guidance, you can maximize your chances of a successful expungement and take control of your future, free from the limitations imposed by a DWI conviction.
Frequently Asked Questions
Does an expungement lower my insurance rates?
While an expungement seals the record from public access (like most employers), insurance companies often have their own methods for tracking driving history. However, having a “Dismissed” or “Expunged” status is significantly better than an active conviction when dealing with high-risk insurance providers.
Can I expunge a second-offense DWI?
Yes, but the rules are stricter. You may still be eligible for expungement if you meet the 5 or 10-year cleansing periods and have not used an Article 894 dismissal within the last 10 years.
Will a DWI expungement help with a TWIC card?
Yes. Professionals in New Orleans working at the Port or in maritime industries often need to clear a DWI to maintain or obtain a TWIC card. An expungement is a vital piece of evidence to show “rehabilitation” to federal authorities.
Start Your Clean Slate Today
The Bloom Legal Expungement Center understands the high stakes of a DWI. We manage the court dates, the OMV notifications, and the paperwork so you can get back on the road with confidence.
