How Long Does a DUI Conviction Remain in My Criminal Records?
Saturday, August 19, 2017
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How long does a DUI conviction remain in my criminal records? Can I ever remove it from my court file? The short answer is that a DUI conviction in California is never really "eliminated" from someone's criminal record. Anyone who performs an in-depth investigation of their criminal records will probably find the DUI conviction. This is maintained in this way until years or decades after the fact. But there are two forms of relief available:
A DUI conviction grant) allows you to (1) withdraw your plea of guilty or non-plea, (2) resubmit your plea of no guilty, and (3) dismiss the case. The fact of DUI conviction will likely be revealed in a background investigation. But by law, employers are not allowed to hold the DUI against you once the DUI is deleted from your court record. After the DUI is deleted from your court record, you can legally say "No" in an employment application to the question: "Have you ever been convicted of a crime" (at least as far as suppression of antecedents DUI penalties).
While DUI criminal record suppression can be valuable in terms of a job application, it is of less value requesting state licenses. If you request (or apply for renewal) a state license such as a contractor license, real estate license or nursing license, you must disclose any DUI conviction (even if it has been deleted from your court record). And state agencies granting certain licenses, unlike employers, may use a DUI conviction erased from their judicial record against the candidate.
A DUI conviction (or being taken and reckless) is "prioritized." This means that if you get another DUI, it will be considered a second offense. The penalties and punishments of the second, third, or fourth DUI offense are exponentially greater. A second DUI offense in California, for example, carries a two-year license suspension. A third DUI carries a three-year license suspension and minimum jail time of 120 days.
But a DUI loses its priorability-or is "eliminated" - after 10 years. For example, suppose someone has prior DUI convictions in 1996 and 1999. In 2007, they give him a third DUI. As more than 10 years have passed since the 1996 DUI, it can no longer be used against him as "having committed a prior DUI." Then your new offense can only be treated as a second DUI offense and not as a third offense.
DUI Criminal Background Removal
You can erase your DUI from your court record. A DUI criminal record is available after you have successfully completed the probationary period and served the probationary period (but any violation of the probationary period may subsequently prevent you from obtaining DUI criminal records). Fulfilling the conditional period usually takes three to five years from the date of the DUI conviction (and then is eligible for a DUI criminal record).
A DUI conviction grant) allows you to (1) withdraw your plea of guilty or non-plea, (2) resubmit your plea of no guilty, and (3) dismiss the case. The fact of DUI conviction will likely be revealed in a background investigation. But by law, employers are not allowed to hold the DUI against you once the DUI is deleted from your court record. After the DUI is deleted from your court record, you can legally say "No" in an employment application to the question: "Have you ever been convicted of a crime" (at least as far as suppression of antecedents DUI penalties).
While DUI criminal record suppression can be valuable in terms of a job application, it is of less value requesting state licenses. If you request (or apply for renewal) a state license such as a contractor license, real estate license or nursing license, you must disclose any DUI conviction (even if it has been deleted from your court record). And state agencies granting certain licenses, unlike employers, may use a DUI conviction erased from their judicial record against the candidate.
The 10 Year Period to Eliminate DUI
A DUI conviction (or being taken and reckless) is "prioritized." This means that if you get another DUI, it will be considered a second offense. The penalties and punishments of the second, third, or fourth DUI offense are exponentially greater. A second DUI offense in California, for example, carries a two-year license suspension. A third DUI carries a three-year license suspension and minimum jail time of 120 days.
But a DUI loses its priorability-or is "eliminated" - after 10 years. For example, suppose someone has prior DUI convictions in 1996 and 1999. In 2007, they give him a third DUI. As more than 10 years have passed since the 1996 DUI, it can no longer be used against him as "having committed a prior DUI." Then your new offense can only be treated as a second DUI offense and not as a third offense.
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