A Driving While Impaired (DWI) conviction in North Carolina carries serious consequences, often affecting a person’s employment, insurance rates, and overall reputation. Many individuals who have faced a DWI charge wonder if they can eventually have it removed from their criminal record. Unfortunately, the answer is clear: North Carolina does not allow DWI convictions to be expunged.

Some states provide opportunities for first-time offenders to clear their records after completing probation or a certain waiting period. However, North Carolina lawmakers made a firm decision in 2015 to exclude all DWI convictions from expunction eligibility. This means that once convicted, the offense remains on a person’s record permanently, regardless of the circumstances.

Why Can’t a DWI Be Expunged in North Carolina?

North Carolina’s expunction laws, found under N.C. General Statutes § 15A-145.5, outline which offenses are eligible for removal from a person’s record. This statute allows the expunction of certain nonviolent misdemeanors and felonies, provided the individual meets specific conditions.

However, the law explicitly excludes DWI offenses from the list of eligible crimes. Lawmakers made this decision based on several key factors:

• Public Safety Concerns: DWI offenses involve impaired driving, which poses a significant risk to others on the road. Keeping these convictions on record serves as a deterrent and helps employers, insurance companies, and legal professionals assess an individual’s history accurately.
• Legislative Intent: The North Carolina General Assembly specifically amended the expunction laws in 2015 to prohibit DWI convictions from being erased. Before this change, certain misdemeanors could be expunged under broader guidelines. However, due to concerns about repeat offenses and transparency, lawmakers took decisive action to keep DWI records permanently visible.
• Difference Between Traffic Violations and Criminal Offenses: Some individuals mistakenly believe that a DWI is treated like a minor traffic infraction. In reality, a DWI is a criminal offense in North Carolina, not a simple moving violation. Because of this distinction, it is subject to stricter legal consequences, including the permanent retention of conviction records.

Since no expunction is available for DWI convictions in North Carolina, individuals with this charge on their record must consider alternative legal options.

What Are Your Options If You Have a DWI on Your Record?

Although a DWI conviction cannot be removed, there are still strategies individuals can explore to minimize its impact. If you have a DWI on your record in North Carolina, consider the following potential avenues:

1. Challenging the Conviction Through an Appeal

If you believe that your DWI conviction was issued in error, you may have grounds for an appeal. An appeal involves requesting a higher court to review the decision made in your case. This process is complex and requires strong legal arguments, but in some cases, it can lead to the reversal of a conviction.

Successful appeals often occur when there is evidence of:

• Procedural Mistakes: Errors in how field sobriety tests or breathalyzer tests were conducted can sometimes invalidate a conviction.
• Violation of Rights: If law enforcement officers conducted an improper stop or violated your constitutional rights, this could be a valid reason to challenge the ruling.
• Insufficient Evidence: A conviction must be based on strong, legally obtained evidence. If the prosecution’s case was weak, there may be a basis for appeal.

It’s important to consult with an experienced attorney before pursuing an appeal, as this legal process can be lengthy and challenging.

2. Expunging Other Offenses to Improve Your Record

If you have additional charges or convictions on your record, you may still be eligible for expunction of non-DWI offenses. While this does not remove the DWI conviction, it can help present a cleaner background when applying for jobs, housing, or professional opportunities.

For example, some misdemeanor offenses unrelated to impaired driving may qualify for expunction under North Carolina law. Consulting a knowledgeable defense attorney can help you determine if any past charges are eligible for removal.

How Long Does a DWI Stay on Your Record?

Because DWI convictions cannot be expunged, they remain on a person’s record permanently. Unlike other criminal offenses that may have expiration periods for background checks, a DWI can be seen by employers, insurance companies, and law enforcement indefinitely.

Additionally, North Carolina has a seven-year and ten-year "lookback" period, depending on the level of the offense. This means that for sentencing and penalty purposes, a previous DWI conviction may be used against an individual in future cases for a set number of years. However, even after the lookback period expires, the conviction remains visible on background checks.

Why Hiring a DWI Attorney Is Critical

If you are currently facing a DWI charge in North Carolina, the best course of action is to fight the charge before it leads to a conviction. Since there is no option to remove a DWI after the fact, taking an aggressive defense approach from the beginning is essential.

An experienced DWI attorney can assess the details of your case and explore possible defenses, including:

• Challenging the Legality of the Traffic Stop: If law enforcement had no valid reason to pull you over, any evidence obtained may be thrown out.
• Questioning the Accuracy of Chemical Tests: Breathalyzers and blood tests are not infallible. Errors in administration or calibration could lead to inaccurate results.
• Pursuing Case Dismissal or Reduced Charges: In some cases, legal negotiations can lead to reduced penalties or alternative sentencing options.

Because North Carolina does not allow DWI expunctions, the most effective strategy is to prevent a conviction whenever possible.

Call Kastrati Law for Legal Guidance After a DWI

Since a DWI conviction in North Carolina stays on your record permanently, securing strong legal representation is crucial. Whether you are facing an active DWI charge or need guidance on how to address past convictions, a knowledgeable attorney can provide valuable insights and assistance.

If you have questions about your legal options or need representation for a DWI case, contact us today. Our team is dedicated to protecting your rights and ensuring you have the best possible defense.