Opinion No.

The Honorable R. Gunner DeLay State Representative 2525 Rogers Avenue Fort Smith, Arkansas 72902

Dear Representative DeLay:

This is in response to your request for an opinion on whether a circuit judge can expunge a DWI or "driving while intoxicated" conviction after it is entered of record.

It is my opinion that a circuit judge may do so only pursuant to statutory authority. There is currently no statutory authority to expunge any misdemeanor DWI conviction. There is a statute, however, which would allow a judge to expunge a felony fourth DWI offense, provided certain conditions are met.

As an…