A criminal record can cast a long shadow over your life. It can affect everything from job opportunities to housing applications. If you’re a college student, it may even potentially affect your education and student loans.
When facing OWI charges, it’s natural to wonder if you can clear their record through expungement. After all, no one wants a past mistake—especially one they deeply regret or, worse, one they didn’t even do—to follow them around for life.
Understanding charges versus convictions
A criminal charge represents an accusation that you committed an offense, while a conviction means a court has found you guilty. In general, even if charges end in a dismissal, you can’t apply for expungement. On the other hand, a conviction creates a permanent record that you can clear through expungement.
What Wisconsin law says about OWI expungement
In Wisconsin, first-offense OWI convictions create a unique situation. These are civil forfeitures rather than criminal convictions. That means they won’t appear on your criminal record like a misdemeanor or felony would. However, they will remain on your driving record permanently.
Unfortunately, civil forfeitures do not qualify for expungement in Wisconsin. Although OWI expungement is technically possible, it’s extremely rare. It’s only occurred through Supreme Court pardons and is usually only for honored combat veterans.
The importance of having a solid defense strategy
While Wisconsin law doesn’t allow OWI expungement, you still have some control over how a charge would affect your future. Your best protection comes from preventing an OWI conviction in the first place.
As such, focusing on your defense strategy becomes crucial. Working with an experienced criminal defense attorney can help identify weaknesses in the prosecution’s case and explore all available defense strategies. Remember, the proper legal guidance early in your case can often lead to better outcomes.
