How Long Does a DWI Stay on Your Record in Louisiana?

After a DWI (driving while intoxicated) charge and conviction, there can be significant collateral consequences on your life. The public record of this incident shows up in background checks, and it can prevent you from obtaining opportunities in education, employment, and housing. That’s why many individuals wonder, “How long does a DWI stay on your record in Louisiana?”

There is a set period of time when a DWI will be considered a prior DWI charge. However, this does not apply to your criminal record. Even if the conviction does not count towards future charges, it is still an offense on your criminal record. Removing the offense from this record takes more time and will only help some individuals. A skilled DWI defense and expungement attorney can explain your rights and how you can protect your future.

What Is a DWI Cleansing Period in Louisiana?

DWI convictions are not considered prior offenses forever. Prior convictions will no longer count toward any future DWI arrests after a ten-year period in most cases. This is called the cleansing period, or the lookback period. Once this timeframe ends, then a previous DWI conviction cannot count against you if you are arrested again.

If the cleansing period has not finished, and you are arrested for a DWI, it will be charged as your second offense. After another arrest, if you have two prior DWI convictions within the ten-year lookback period, it will be considered the third offense. Each subsequent DWI offense will have stricter and more severe penalties associated with it.

However, even if a prior DWI conviction is not within the lookback period, it can still be considered. While a following charge will be deemed a first offense, the judge is likely to consider prior convictions in their sentencing and be less lenient as a result.

Your Criminal Record and the Cleansing Period

The cleansing period does not apply to your criminal record. If you are convicted of a DWI, that charge remains on your criminal record unless you take steps to remove it. The collateral consequences of having a criminal record and a DWI conviction will remain unless you are eligible and apply for an expungement.

DWIs and Expungements in Louisiana

Louisiana allows expungements for certain misdemeanors and felonies. When you expunge a criminal offense, it does not erase the offense. Instead, it removes the offense from public records, meaning it will not show up in background checks or other public searches. The offense is still viewable by law enforcement and other officials. Because the offense does not show up in background checks, it can give you a fresh start.

Before, Louisiana did not allow expungements for DWIs, but this is no longer the case. While there are certain offenses, like violent offenses or stalking charges, that do not allow for an expunction, DWIs are no longer one of those charges.

If you meet the qualifications, you could expunge the charge from your record. If the offense is a misdemeanor, then five years must have passed since your sentence was completed, including probation. You also cannot have a pending felony charge or have been convicted of a felony. If the offense you are looking to expunge is a felony, then at least ten years must have passed.

A skilled attorney can determine if you qualify for an expungement and review what one can do for you. There are many benefits to removing a criminal conviction from your record, but the process can be complex.

FAQs

Q: How Long Does It Take for a DWI to Come Off Your Record in Louisiana?

A: A DWI does not automatically come off your record in Louisiana. Rather, you must take steps to expunge it or have the conviction dismissed. There is a period of time, however, where a prior DWI will no longer count as a prior for any future DWI arrests and convictions.

If you want to remove a DWI from your criminal record, you will need to apply for an expungement. An attorney can review your case to determine if you can get a DWI off your record.

Q: How Long Does a DWI Show Up on a Background Check?

A: A DWI will show up on a background check for the rest of your life unless you take action to remove it. Your criminal record is permanent unless you successfully file for an expungement, which seals the records from public accessibility. While a cleansing period will prevent prior DWIs from impacting future arrests, this does not apply to how long the conviction will remain on your record.

Q: What Is the Cleansing Period for a DWI in Louisiana?

A: The cleansing period of a DWI in Louisiana is the term for how long a DWI conviction will be considered a prior offense for any future DWI arrests and convictions, and this period of time is ten years. After the ten-year cleansing period has passed, any additional DWI arrests or convictions will again be considered first-time offenses. If ten years have not passed, however, then another arrest would be charged as a second offense, and the penalties would be increased.

Q: What Is the New DWI Law in Louisiana?

A: New DWI laws in Louisiana can potentially result in longer and more extensive penalties. The 2024 changes require an ignition interlock device (IID) for a longer period of time, and it is now required for even a first offense. If the individual had an especially high blood alcohol concentration (BAC), then this could result in a longer suspension of their driver’s license. DWI laws are frequently changing, and the support of an attorney is important to navigate them more successfully.

Skilled DWI Defense in Louisiana After an Arrest

The most effective way to avoid the long-term consequences of a DWI is to work with a knowledgeable attorney from the moment you are arrested for the crime. Just because you were arrested for the offense does not mean that you will be convicted. There are still options for you to potentially mitigate or eliminate the criminal penalties you face.

At Longman Jakuback, we have worked for years to provide a strong and dedicated DWI defense to our clients. We can review your situation and determine the right strategy to protect your rights. Our team can also leverage our significant resources and experience to your benefit. Contact our firm today.