In California, a DUI will stay on your driving and a criminal record for 10 years.
The 10 years are counted from offense date to offense date and not from conviction date to conviction date. A prior DUI, when charged by the prosecutor, is deemed a “prior”. The “priors” or “priorability” is a legal terminology of a type of offense that prescribes a more severe punishment for repeat offenders.
For example, a second DUI arrest within 10 years of a first DUI arrest will be filed as a second DUI. In contrast, if there is more then ten years between first and second DUI offense, your DUI will be filed as a “first” DUI even when you have another DUI on your record outside the ten years period.
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- Can You Remove DUI From Your Driving Record?
- How many Points will be on Your Driving Record after DUI?
- How long does a DUI stay on your Criminal record?
- Will a DUI Always Show on Your Background Check?
- How long does a DUI affect your Insurance in California?
A DUI expungement functions the same as any other California criminal record expungement. A petition is filed with the court and then reviewed by the judge. If the judge grants the DUI expungement, the person withdraws her plea of guilty or no contest and re-enters a plea of “Not Guilty” and then the case is dismissed.
But if you are convicted of a DUI, you can not completely remove the DUI from your driving record for 10 years. Yet, this driving record is usually not included in a background check and cannot be seen by your potential employers.
A DUI conviction in Los Angeles, or anywhere else in California, will add 2 points to your driving record. The points will remain on your record for 5 years and will clear off the record on their own after the passage of the required 5 years.
The points are used by the DMV to assess risk to drivers and by the insurance companies to calculate insurance rate. More points will mean higher insurance premium. Additionally, the points are used by the DMV to determine if you are negligent operator. A determination that you are a negligent operator may suspend your license and you will need a drunk driving deense attorney to keep it.
A DUI is a misdemeanor offense that is considered a crime. All crimes, including DUI cases will be recorded by the California Department of Justice and will remain on record. A DUI will be on permanent part of your criminal record. But, if a DUI is expunged, it will look far better on your record. The reason to get an expungement is to improve the record and to get better chances of private employment.
Pursuant to California Penal Code 1203.4, expungements are an excellent way to “hide” a conviction because your DUI record will say that “a guilty verdict is withdrawn and a not guilty plea is entered and then the case is dismissed”. Most people will see expungements as evidence of a dismissal and will accept a Penal Code 1203.4 dismissal as proof that the DUI is no longer on your record. If you were convicted of a felony DUI, then, an expungement will make you eligible to apply for a certificate of rehabilitation which will also become an application for a pardon.
If you were represented by a DUI Lawyer for the original DUI case, that attorney will usually handle the expungement proceedings as well or you can our office for a free consultation about your case.
A DUI conviction does appear on criminal background checks in most cases. Related charges, such as impaired driving or refusing a breath test, can also show up. However, DUI arrests will not always show up.
The difference between an arrest and a conviction may matter to your future employers. If your DUI case was dismissed in court, your criminal record will note that the charge was dropped and you’ll avoid being labeled as a “criminal.”
Even though a DUI may remain on the criminal record for the rest of your life, insurance companies usually pay attention only to your state’s department of motor vehicle (DMV) record. After this 10-year period the DMV will not count the DUI against you. After the 10 years your insurance rate should be the same as for a driver who does not have a DUI on his record.
For a more detailed analysis of your case and to answer all your question, please call our office to talk to an Affordable Los Angeles DUI lawyer.
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