No one wants to face a DUI conviction, but it happens every day. Those who face this situation often have a lot of questions, including how long their DUI will stay on their criminal record and on their DMV record. They often ask us if a DUI can be expunged. Read on to get the answers and then contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.
How Long Does a DUI Stay on a Driving Record?
A DUI is going to stay on your California driving record for a decade. Note that the clock begins when you are arrested, not when you are convicted. There is not currently any way to have this removed from your DMV record, but it is not considered as serious as the criminal record because it is accessed by fewer people.
The major consequences of having a DUI on your DMV record is that you will pay higher insurance rates, you will find it difficult or impossible to get a job that requires a DMV record check, and it can be used to increase your sentence if you face another DUI. However, your DMV record does not show up on a typical background check, so its consequences are limited.
How Long Does a DUI Stay on a Criminal Record?
The DUI conviction will be on there permanently unless you take action to remove it. It is important to know that in California, this is not just a traffic violation – it is a criminal offense that could potentially be charged as a felony that comes with state prison time. Unlike your DMV record, your criminal record is much easier and more commonly accessed. It is likely that when you apply for a job, apply for a professional license, or apply to rent a property, your criminal record will be checked.
It Might Be Possible to Expunge a DUI on Your Criminal Record
In certain situations, it is possible to have a DUI expunged from your criminal record. If you meet all of these requirements, then it is worth talking to a criminal defense attorney to find out what your options are:
- You have served all penalties including probation
- You were not imprisoned as part of your sentence
- You are not facing additional criminal charges
Not everyone who meets those requirements will be eligible to have their DUI expunged, but no one who does not meet those requirements will be eligible for expungement. If it is expunged, you can legally say you have not been convicted of the crime and employers will not see it on a background check.
Are you interested in learning more? Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.