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Expungement or Sealing of DWI or DUI Conviction


Q.  Can I expunge (or seal) the record of my Arkansas DWI or DUI conviction?

A.  Yes, it is possible. The answer for many years was a definite "no" for any misdemeanor DWI (felony DWI's (4th offense or higher) were already eligible for expungement).  However, that changed with the codification of Ark. Code Ann. 16-90-1401, et seq. You may now petition the court of your conviction for an expungement of your Arkansas DWI (felony or misdemeanor). The judge may not deny your petition for expungement unless there is "clear and convincing evidence" that the expungement should not be granted. Keep in mind that you must wait until five (5) years from the completion of your sentence for your DWI before you can petition to expunge and seal your Arkansas DWI conviction.

DUI's have always been and continue to be eligible for expungement sixty (60) days after the completion of your sentence for the DUI.