Everyone makes mistakes, but some carry much heavier consequences than others. A serious charge like operating while intoxicated (OWI) can lead to hefty fines, loss of your driver’s license, and potential jail time. If you are facing this charge, it is crucial to understand how long this charge will affect your life and record. We encourage you to read on and to reach out to a skilled Des Moines OWI Lawyer for a consultation.
How Long Will an OWI Stay on My Record in Iowa?
In Iowa, an OWI conviction remains a factor for escalating penalties on your driving history for 12 years. This means that if you commit another offense within that 12-year window, the sanctions will be more severe. Nevertheless, the conviction itself is a permanent fixture on your criminal background check unless legal expungement is successfully pursued.
Additionally, Iowa employs a 12-year review period. This means if you are found guilty of a subsequent OWI within this span, the new charge will be processed as a second or third violation.
Although the Iowa Department of Transportation (DOT) might eventually erase the offense from your driving abstract after 12 years, the judgment persists on your public-facing criminal file, which was accessible to potential employers and entities conducting background checks.
Can You Expunge or Seal an Iowa OWI?
For first offenses, the best shot at a clear record is usually a delayed sentence, which can later be erased under Iowa Code § 907.9. If you can satisfy the terms and pay all required fines, the court record can be sealed. This is why obtaining a deferred judgment is so critical. While not guaranteed, and eligibility hinges on the unique facts of your case and the judge’s discretion, a lawyer can fight for a favorable outcome that shields you from an uncertain future.
Iowa Chapter 901C permits the sealing of certain criminal records provided specific criteria are met, including waiting a period of over eight years, no current criminal charges, and all financial penalties are being settled.
However, not all OWI convictions will meet this standard. Whether you qualify or not depends on the law, the classification of the offense, and your prior history. A Des Moines OWI lawyer can review your case and advise you on the likelihood of having the record sealed or whether it will likely remain publicly available.
Keep in mind that even when Iowa law permits an expungement, it is vital to understand the limits. Iowa doesn’t generally erase your criminal history, but rather hides it from public view. This means “sealed” does not equate to “it never happened” in every scenario. A Des Moines OWI lawyer can clarifythe impact of expungement, what parts of the record remain, and how this could affect employment, professional licensing, and background checks.
For guidance and skilled representation, please don’t hesitate to contact Herting Law, PLLC.
