A DWI conviction stays on your Arkansas criminal record permanently, and it stays on your driving record with the state indefinitely. So how long does a DUI stay on your record in Arkansas in any practical sense? Ten years, because that is the earliest you can petition a court to seal a misdemeanor DWI conviction after finishing your sentence. Until then, it is visible to anyone running a standard background check.
DWI or DUI: Which One Is on Your Record
Arkansas uses these terms differently than most states. The adult offense of driving with a blood alcohol concentration of 0.08% or higher is charged as DWI, Driving While Intoxicated.1Justia. Arkansas Code 5-65-103 – Driving or Boating While Intoxicated “DUI” in Arkansas is a separate, lesser offense that applies only to drivers under 21 with a BAC between 0.02% and 0.07%.2Justia. Arkansas Code 5-65-303 – Driving or Boating Under the Influence While Underage Most people searching for information about a “DUI in Arkansas” are actually dealing with a DWI. The record-duration answers below focus on the adult DWI offense.
Two Records, Two Timelines
A DWI conviction creates entries on two separate records that don’t operate the same way.
Your driving record is maintained by the Arkansas Office of Driver Services and tracks traffic offenses, suspensions, and points.3Arkansas Department of Finance and Administration. Driving Records Insurance companies pull this record to set premiums, and the state uses it to track your license status. A DWI stays visible here indefinitely.
Your criminal record is the broader document that surfaces during background checks run by employers, landlords, and licensing boards. A DWI conviction sits on that record permanently unless you successfully petition to have it sealed. That difference matters, because even after the driving-record consequences fade from most insurers’ calculations, the criminal entry keeps working against you on applications.
The Ten-Year Lookback for Future Charges
Separately from how long the conviction is visible, Arkansas courts look back ten years when deciding whether a new DWI counts as a repeat offense. Any prior conviction inside that window bumps a new charge to a higher offense level with steeper penalties.4Justia. Arkansas Code 5-65-111 – Sentencing Before 2021 the window was five years; the legislature doubled it through HB1062.5Arkansas State Legislature. HB1062 – To Increase the Lookback Period for Prior Convictions of Boating or Driving While Intoxicated for the Purpose of Sentence Enhancement
There is a wrinkle worth knowing. The lookback for criminal sentencing and the lookback for license suspensions are different. The Office of Driver Services uses a five-year window to determine suspension length for repeat offenses.6Justia. Arkansas Code 5-65-104 – Temporary Permits So a second DWI six years after the first can be treated as a second offense for jail time but a first offense for suspension length. That gap catches a lot of people off guard.
Sealing a DWI Conviction
Arkansas allows you to petition to seal a misdemeanor DWI, which removes it from public view on background checks. Sealing does not erase the conviction. Law enforcement, prosecutors, and the courts can still see it, including for the ten-year sentencing lookback. But for most practical purposes, a sealed record means potential employers and landlords won’t find it, and you can legally state that you were not convicted of the offense.7Arkansas Department of Public Safety. Arkansas Crime Information Center – Criminal History
The waiting period to seal a misdemeanor DWI is ten years from the date you completed your entire sentence, including any jail time, probation, and payment of all fines and court costs. Before you file, every condition imposed by the court must be fully satisfied. A fourth-offense DWI is classified as a felony, and felony convictions face different sealing rules with longer waiting periods and additional restrictions.
How the Process Works
You file a uniform Petition to Seal in the circuit or district court that originally sentenced you. Petition forms come from the Arkansas Crime Information Center.7Arkansas Department of Public Safety. Arkansas Crime Information Center – Criminal History From there:
- Serve the prosecuting attorney with a copy of your filed petition and proposed order.
- Wait 30 days. For misdemeanors, anyone opposed to sealing has that window to file a notice of opposition explaining their reasons.
- If no one objects, the court can grant the petition without a hearing. If the prosecutor or another party objects, the court schedules a hearing.
- If granted, the judge signs the Order to Seal, which you file with the circuit clerk.
- The clerk forwards the order to the Arkansas Crime Information Center, which updates its records.
Who Can Still See a Sealed DWI
Sealing has real limits. Certain employers running background checks will still see the conviction, including law enforcement agencies, daycare facilities, nursing homes, and schools. Prosecutors can access sealed records if you face new charges. The Arkansas Crime Information Center retains the information in its system. If a private background check company still shows a sealed conviction, you have the right to provide them with your Order to Seal and require them to correct their records under the Fair Credit Reporting Act.
If You Hold a Commercial Driver’s License
For CDL holders, sealing does not solve the record problem. Federal regulations prohibit states from masking, deferring, or diverting any traffic violation on a CDL holder’s driving record.8eCFR. 49 CFR 384.226 – Prohibition on Masking Convictions Even after you seal your DWI on your Arkansas criminal record, it stays visible on your commercial driving record. That applies whether the DWI happened in a personal vehicle or a commercial one. On top of that, federal law imposes CDL disqualification of at least one year for a first DWI, at least three years if you were hauling hazardous materials, and lifetime disqualification for a second DWI, with reinstatement possible after a minimum of ten years if the state allows it and the driver completes an approved rehabilitation program.9Office of the Law Revision Counsel. 49 USC 31310 – Disqualifications
Where a DWI Can Still Follow You
Two situations regularly turn up long after the case is closed.
Canada treats impaired driving as a serious criminal offense and can find you inadmissible for life based on a single DWI. The FBI shares criminal database information with the Royal Canadian Mounted Police, which shares it with the Canada Border Services Agency, and a sealed or expunged conviction frequently still shows up to Canadian border agents. Two paths exist for entry with a DWI on your record: a Temporary Resident Permit for short-term access with a compelling reason, or Criminal Rehabilitation, a permanent fix you become eligible to apply for five years after completing your entire sentence.10Government of Canada. Overcome Criminal Convictions Mexico imposes no automatic ban, but immigration officers have discretion to deny entry, and multiple convictions or recent offenses carry higher risk of being turned away.
Professional licensing is the other flashpoint. The Arkansas State Board of Nursing, for example, requires every first-time applicant to undergo a state and national criminal background check through the FBI, and certain convictions can disqualify an applicant, though a waiver process exists.11Arkansas Department of Health. ASBN – Criminal Background Checks Other licensed professions have similar disclosure requirements. Even a sealed DWI can surface in these screenings because many licensing boards see criminal history beyond what a standard public background check returns. If you hold or plan to pursue a professional license, check your board’s specific rules about DWI convictions before you apply.