If you have a DWI on your record, you’ve probably wondered whether you can ever get rid of it. The short answer is: in many cases, yes — Arkansas allows a DWI to be “expunged,” though the legal term is actually sealing. But there are requirements to meet, a waiting period to clear, and important limits on what sealing actually accomplishes. Here’s an honest guide to DWI expungement in Arkansas so you know what’s realistic for your situation.
“Expungement” in Arkansas Really Means “Sealing”
People say “expungement,” but Arkansas law uses the term sealing. The distinction matters, because it tells you what you’re actually getting.
When a record is sealed, it’s removed from public view and treated as confidential for most purposes. It won’t show up on the typical background checks employers and landlords run. But sealing does not physically destroy the record. The underlying record still exists and remains accessible to courts and law enforcement. So sealing is powerful — it gets the conviction out of public sight — but it’s not the same as the conviction never having happened.
Can a DWI Actually Be Sealed?
Yes. Arkansas’s record-sealing law (the Comprehensive Criminal Record Sealing Act of 2013) made it possible to seal DWI convictions along with most other misdemeanors. So a first-offense misdemeanor DWI is generally eligible to be sealed once you meet the requirements.
One important point of confusion to clear up: Arkansas has a First Offender Act (Act 346) that lets some first-time offenders avoid a conviction entirely by completing probation. DWI is specifically excluded from Act 346. That means a DWI can’t be handled as a deferred, no-conviction case the way some other first offenses can. Instead, the DWI conviction is entered, and then you seek to seal it later under the general sealing law once you qualify. Knowing this avoids a common misunderstanding about how DWI records are cleared in Arkansas.
Who Qualifies, and the Waiting Period
To seal a DWI in Arkansas, you generally must:
Complete your entire sentence first. That means finishing all of it — paying all fines, court costs, and restitution, completing probation, and finishing any required programs like alcohol education. Sealing isn’t available until everything is done.
Wait out the required period. DWI is one of the offenses that carries a waiting period after you complete your sentence — a multi-year wait, commonly cited as five years from completion. Importantly, this waiting period has been adjusted over the years, and the exact requirement depends on current law and your conviction date. Because of that, you should confirm the current waiting period for your specific case rather than relying on a general number.
Stay out of trouble. You generally must avoid new criminal charges during the waiting period. A new offense can derail your eligibility.
If you meet these conditions, you can petition the court to seal the DWI.
The Process: Petitioning the Court
Sealing isn’t automatic — you have to ask for it. The process generally works like this:
You file a petition to seal in the court that handled your case. For a DWI that happened here in Northwest Arkansas, that typically means the Washington County or Benton County court where the case was resolved. The petition identifies the offense, the case, and the legal basis for sealing.
Once filed, the prosecutor has an opportunity to object. If there’s no objection, the court may grant the petition without a hearing. If the prosecutor objects, the court may hold a hearing to decide whether sealing is appropriate. Having the petition prepared correctly, filed in the right court, and supported by proof that you’ve completed everything makes the process go far more smoothly — which is one reason people often have an attorney handle it.
What Sealing Does — and Doesn’t — Do
This is where honest expectations matter. Sealing a DWI accomplishes a lot, but it has real limits.
What sealing does: It removes the conviction from public view, so it generally won’t appear on the background checks most private employers and landlords run. For many people, that’s the whole point — being able to move forward without the conviction following them in everyday life.
What sealing doesn’t do:
It doesn’t destroy the record. Courts and law enforcement can still access it. If you’re charged with another DWI later, the sealed DWI still counts as a prior offense — sealing doesn’t reset the clock on repeat-offense penalties. It may not hide the record from everyone; certain government employers, professional licensing boards, and similar entities may still have access. And it doesn’t override federal records or rules. This matters especially for commercial drivers — commercial driver’s license (CDL) consequences are governed by federal rules that state sealing generally cannot undo. Sealing also doesn’t address the separate insurance consequences of a DWI.
Understanding these limits helps you decide whether sealing is worth pursuing for your situation.
Is It Worth Pursuing?
For most people with a single, older DWI who have completed their sentence and stayed out of trouble, sealing is well worth it — clearing the conviction from public background checks can make a real difference for jobs, housing, and peace of mind. It’s a concrete way to put a past mistake behind you.
It may be less impactful if your situation involves the limits above — for example, if a federal rule or a licensing board will still see it regardless. The honest answer depends on your specific record, your goals, and the current law. A DWI defense attorney can quickly tell you whether you qualify, when, and whether sealing will actually accomplish what you’re hoping for.
If you’d like to find out whether your DWI can be sealed and what it would take, we’re glad to help. We offer free consultations and serve clients throughout Benton and Washington Counties: Bentonville, Rogers, Fayetteville, Springdale, Bella Vista, and Lowell.
Book a Free Consultation (479) 717-6300
See also: DWI Defense · Criminal Defense
Frequently Asked Questions
Can a first-offense DWI be expunged in Arkansas? Yes, though Arkansas calls it “sealing.” A first-offense misdemeanor DWI is generally eligible to be sealed once you’ve completed your entire sentence and cleared the required waiting period without new charges. Sealing removes the conviction from public view, though it remains accessible to courts and law enforcement.
How long do I have to wait to seal a DWI in Arkansas? DWI carries a multi-year waiting period after you complete your full sentence — commonly cited as five years from completion. Because this requirement has changed over time and depends on current law and your conviction date, it’s important to confirm the current waiting period for your specific case with an attorney rather than relying on a general figure.
Does sealing a DWI completely erase it? No. Sealing removes the conviction from public view and most background checks, but it doesn’t destroy the record. Courts and law enforcement can still access it, certain employers and licensing boards may too, and a sealed DWI still counts as a prior offense if you’re charged with another DWI later. Federal rules (including for commercial licenses) are not undone by state sealing.
Can I seal a DWI under Arkansas’s First Offender Act (Act 346)? No — DWI is specifically excluded from Act 346. That means a DWI can’t be handled as a deferred, no-conviction first offense. Instead, the conviction is entered and can later be sealed under Arkansas’s general record-sealing law once you complete your sentence and meet the waiting-period requirements.
Related DWI Articles
- First DWI in Arkansas: Penalties, License Suspension, and What to Expect — what a first offense actually costs and how the license suspension works.
- Field Sobriety Tests in Arkansas: Why They’re Not Foolproof — how these tests work and why sober people can fail them.
- What to Do in the First 48 Hours After a DWI Arrest in Arkansas — the urgent first steps, including the 7-day license deadline.
- Do I Need a Lawyer for a First DWI in Arkansas? — whether to handle it yourself or get help.
- How Much Does a DWI Attorney Cost in Arkansas? — flat-fee ranges, what’s included, and why it’s worth it.
About the Author
Joshua Daniels is a co-founder of DeWitt & Daniels Law Firm in Lowell, Arkansas, where he handles criminal defense, DWI, divorce, and family law matters. He serves clients throughout Northwest Arkansas, including Bentonville, Rogers, Fayetteville, Springdale, and Bella Vista.
