Driving Under the Influence (DUI) is not a minor offense. It can be charged as either a misdemeanor or felony – both of which carry jail or prison time. After the sentence is served, the conviction does not go away. The driver’s records will reflect the conviction. This means that anyone can look up the driver’s background information and find the DUI on their record. As a result, the driver may lose opportunities when it comes to jobs and even taking out a loan from a bank. This article breaks down the amount of time the DUI will remain on a driver’s record as well as the process for expunging one’s record down the line.
How long does a DUI stay on your criminal record?
In California, unless a driver actively pursues the removal of the DUI on their criminal record, it will remain on a person’s criminal record.
The only method of removing the DUI is by filing for expungement. Expungement refers to the legal process of erasing or removing certain offenses, including misdemeanors, from one’s criminal record.
The details for how to do this are listed at the end of this article.
How long does a DUI stay on your driving record?
California treats DUI convictions seriously. The minimum amount of time a person’s driving record will show the DUI conviction is ten (10) years which is based on the date of arrest.
During this time, both law enforcement and car insurance providers can see the driver’s record. One consequence of being convicted of a DUI is a higher insurance rate.
How long does a DUI stay on your record for employment?
A potential employer can see the DUI on the driver’s record when they conduct an employment check. However, depending on the type of job, an employer may choose to not be concerned about an older DUI conviction, especially if the job does not require driving.
Does a DUI show up on a background check?
Yes, a DUI conviction can show up on a background check.
Employers and landlords can access a person’s criminal record to ensure that they are hiring or leasing to someone who is not prone to risky behavior. Knowing that it will come up, being upfront about the DUI will be one’s best bet for a more desirable outcome.
Can you get a DUI expunged in California?
Yes. To remove the DUI from your criminal record requires filing a petition for expungement. There are certain requirements that will need to be met prior to filing which include the following:
- There are no open charges against you.
- You did not serve prison time as part of your DUI sentence (as opposed to jail time).
- You have completed all of the terms for your sentence.
Once these requirements have been met, you can file a petition to expunge your record. An attorney can do so on your behalf.
It is important to note that your driving record will not be impacted by the expungement of the DUI on your criminal record. Your driving record will still reflect the DUI for ten years, even if you file for expungement earlier. To learn more about record expungement, see our article titled, Expungement in California – How to Clear Criminal Records.
Seeking expert legal guidance for DUI expungement?
Being charged with a DUI has negative consequences. It is important to understand the options available to you if you can get your record expunged. Our expungement lawyers at the Law Office of David L. Faulkner can help get you a better chance of a successful outcome when you file your petition. Contact us today to schedule a free consultation about your case.
