In California, a DUI (driving under the influence) charge stays on your criminal record indefinitely unless you take steps to have it expunged by the court. The DUI stays on your driving record for 10 years from your arrest.
You can learn more about these records with a Los Angeles DUI lawyer. A lawyer can also help you address DUI accusations quickly to avoid getting a conviction on your record in the first place.
How Long Does a DUI Stay on Your Criminal Record in California?
A DUI will remain on your criminal record indefinitely. Fortunately, a criminal defense attorney may get your DUI expunged if you meet the eligibility requirements, but this process takes time and is not immediately available after a criminal conviction.
How Long Does a DUI Stay on Your Driving Record?
Although DUI convictions will remain on your criminal record indefinitely, they do not stay on your driving history forever. In the majority of DUI cases, your driving record will reflect your DUI conviction for 10 years.
Law enforcement, the California Department of Motor Vehicles (DMV), and the insurance company will see that you have a previous DUI conviction. However, once these 10 years have passed, your driving record will no longer reflect this information.
So, how long does a DUI stay on your record? The charge remains on your driving record for 10 years and your criminal record indefinitely, or until you go through with an expungement.
Can You Get a DUI Off Your Criminal Record?
If you have a DUI on your record, you may get your conviction removed from your criminal history through an expungement under California Penal Code §1203.4 in some cases.
An attorney can help you file a request for expungement of this criminal offense and provide more information about how long a DUI stays on your record in California.
How Do You Expunge a DUI from Your Criminal Record?
If you hope to get your DUI expunged in California, you must meet the requirements for expunction. According to these regulations, you:
- Must not have served time in prison
- Must complete the terms of your probation
- Must adhere to other sentencing requirements
As long as you meet these requirements, you may be able to file an expungement petition with the court to get your misdemeanor or felony DUI conviction expunged. The judge will review the details of your case and your petition to determine whether to expunge your DUI.
However, if you have an ongoing DUI case, it is essential to work to reduce or dismiss the charges against you so you can avoid having to wait to be eligible for expunction. Building a strong defense can help you avoid potential jail time, fines, and the loss of your driving privileges.
Why Do Some Drivers Consider Expungement of a DUI?
If the court seals your DUI record, potential employers, landlords, and other third parties who may review your criminal background will no longer have access to your conviction.
Furthermore, when asked whether you have previous convictions, you can honestly answer “no.”
It is important to note that the DUI will remain on your criminal history record as a prior conviction only. Certain government employees and law enforcement officers will still have access to your criminal background check as needed.
Can You Get a DUI Off Your Driving Record?
Unfortunately, expungement is not possible for DUI convictions regarding your driver record. The suspension or revocation of your driver’s license is considered an administrative penalty instead of a criminal one.
If you face a conviction for a separate DUI within 10 years of your initial DUI, the subsequent DUI will be considered a second DUI offense in California as opposed to a first DUI offense. Subsequent DUI convictions have more serious penalties, potentially resulting in:
- Higher fines
- Longer periods in jail
- Requirements to install an ignition interlock device (IID)
- Restrictions on your driving privileges
- Increased auto insurance premiums
How long does a California DUI stay on your record? The charges stay on your record for the entire ten-year period, even if you remove them from your criminal record through the process of expungement.
Fortunately, you can take legal action before a conviction with help from an attorney. Handling your first-offense DUI immediately can help you protect your future. A lawyer can explain your legal rights and get to work immediately on your defense.
Will a DUI Conviction Show Up on Your Background Check?
DUI convictions do show up on your criminal background check. Anytime a prospective landlord, financial institution, employer, or other individual or entity needs to conduct a background check, your DUI conviction will appear on your record through your Social Security number.
You may hope to do something as innocuous as coaching your child’s soccer team. However, a conviction could impact your ability to participate in these opportunities. It is also important to remember that background checks can be more in-depth depending on the details of your case.
For example, if you are going into the healthcare or education industries, these entities may require fingerprinting in addition to your consent to a criminal background check, which shows any prior charges, arrests, and convictions as applicable. They may also require professional licenses that you could lose after a DUI conviction.
Are DUI Convictions Serious in California?
California treats drunk driving very seriously. In fact, across the country, states have cracked down on DUI offenders- imposing harsh criminal penalties and severe collateral consequences and taking steps to reduce the number of car accidents and incidents related to DUIs.
Under CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol, it is illegal to drive with a blood alcohol content (BAC) level of 0.08% or more. However, you could also face DUI charges if your BAC levels are below this limit if you carry a commercial driver’s license or are under 21.
What are the Penalties for a DUI?
Under California law, drivers convicted of a DUI could face six months of jail time and a one-year license suspension. The court can order you to pay fines of up to $1,000. You may also be required to attend DUI classes for a set time.
The more DUI convictions on your record, the harsher the penalties. You can expect additional jail or prison time, fines, increased license suspension times, and other severe consequences.
Your insurance premiums may also increase and stay elevated until the DUI comes off your driving record, even if you expunge your criminal charges. Therefore, it’s important to face any charges for drunk driving head-on with a criminal defense lawyer.
Learn More About DUIs on Your Record in California
How long does a DUI stay on your record in California? A conviction stays on your criminal record indefinitely unless you look into legal options to expunge it. The drunk driving conviction stays on your driving record for 10 years.
If you are interested in getting a former DUI conviction expunged from your record, or if you need a powerful legal advocate who can help you avoid a DUI conviction, you can contact Los Angeles DUI Lawyer. We can put you in contact with a criminal defense law firm that can provide the assistance you deserve.
An attorney can analyze the details of your case to determine the best approach to your defense or expungement petition, providing a legal opinion about your situation. You can reach out now to take charge of your future.
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