Can You Expunge a DUI/OWI in Wisconsin? The Honest Answer

If you are searching for how to expunge an OWI in Wisconsin, the answer you are going to find is not the one you want. Wisconsin does not allow expungement of OWI (Operating While Intoxicated) convictions. Not after five years, not after ten, not after twenty. The conviction stays on your record permanently under current law.

That is a hard answer, and this article is going to give it to you straight. But it is not the end of the road. There are concrete things you can do to limit the impact of an OWI conviction on your life, even if you cannot erase it.

Why Wisconsin OWI convictions cannot be expunged

Wisconsin has an expungement statute — Wis. Stat. 973.015. But it has strict limits. Under current law, expungement in Wisconsin is only available when three conditions are met:

• The person was under age 25 at the time of the offense
• The offense carries a maximum penalty of 6 years or less
• The judge orders expungement at the time of sentencing, not after

That third condition is the killer for most people. In Wisconsin, expungement must be ordered at the sentencing hearing. If the judge did not order it at that time, you cannot go back and request it later. There is no post-sentence petition process for expungement in Wisconsin the way there is in most other states.

And even for people who meet the age and penalty requirements, OWI offenses are treated differently. A first-offense OWI in Wisconsin is classified as a civil forfeiture — not a criminal offense — under Wis. Stat. 346.63. Because it is not a criminal conviction, it does not qualify for criminal expungement. But it also means it lives on a separate record. Second and subsequent OWI offenses are criminal, but they carry penalties and classifications that make them ineligible for expungement as well.

The first-offense OWI problem

Wisconsin is the only state in the country where a first-offense drunk driving is not a criminal offense. Under Wis. Stat. 346.63, a first OWI is a civil traffic forfeiture. It goes on your driving record, not your criminal record.

This sounds like good news, and in some ways it is — it means a first OWI does not create a criminal conviction. But it creates a different problem. Because it is on your driving record, it is accessible through DMV records and shows up on certain types of background checks. And there is no expungement mechanism for civil forfeitures in Wisconsin. The driving record is permanent.

So the irony is: a first OWI does not create a criminal record, but it cannot be expunged either, because it was never criminal in the first place. It exists in a legal category that has no clearing mechanism.

What about second and subsequent OWI offenses?

Second and subsequent OWI offenses in Wisconsin are criminal. A second offense is a misdemeanor. A third is also a misdemeanor but carries higher penalties. A fourth offense is a felony. Each subsequent offense increases in severity.

Criminal OWI convictions in Wisconsin are not eligible for expungement under Wis. Stat. 973.015 for two practical reasons. First, expungement must be ordered at sentencing — if the judge did not order it at that hearing, the window is closed. Second, repeat OWI offenses typically carry penalties that exceed the 6-year maximum threshold for expungement eligibility.

What you can actually do

The inability to expunge an OWI does not mean you have no options. There are concrete steps that can reduce the impact of the conviction on your daily life.

What about a pardon?

The governor of Wisconsin has the power to grant pardons. A pardon does not erase the conviction from your record — the record still exists — but it is an official act of forgiveness that restores certain civil rights and can carry weight with employers and licensing boards.

Wisconsin's pardon process is managed through the Governor's Pardon Advisory Board. You must have completed your sentence at least five years ago and have no pending charges. The process takes several months and involves an application, background check, and review by the board, which makes a recommendation to the governor.

A pardon is not easy to get and is not guaranteed. But for people with older OWI convictions who have demonstrated rehabilitation over many years, it is a real option worth exploring. The application is available through the governor's office website.

If you have other charges besides OWI

Many people searching for OWI expungement in Wisconsin also have other offenses on their record — misdemeanors, drug charges, or other convictions. While the OWI itself may not be expungeable, those other convictions might be, depending on when they occurred and what the judge ordered at sentencing.

If you have non-OWI convictions in Wisconsin, use the free options guide to see if any of those charges can be addressed. Clearing even one additional conviction from your record can make a meaningful difference on background checks.

Legislative efforts to change the law

There have been periodic efforts in the Wisconsin legislature to expand expungement eligibility — including proposals to allow post-sentencing petitions and to raise the age limit above 25. As of 2026, none of these proposals have passed. The law remains as described above.

If you want to support reform, organizations like the Wisconsin Justice Initiative and WISDOM (Wisconsin Interfaith and Sponsoring Diverse Organizations for Mutual Respect) advocate for criminal justice reform including expanded expungement access.