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How long does a DUI stay on your record?
How Long Does a DUI Stay on Your Record? A Plain English Guide
Hey there! If you got a DUI and are wondering how long it will stay on your record, I’ve been there too. DUI laws can be confusing when it comes to what goes on your permanent record versus what eventually goes away. As someone who’s navigated this process, I wanted to write up a plain English guide to walk through the timelines so you know what to expect. I’m not a lawyer, but I’ll break down the basics in simple terms. Ready? Let’s do this!
DUI Arrest Records
If you were arrested for DUI, that arrest record will always exist, even if you were never convicted. Arrest records are maintained by law enforcement and background check companies can access them. An arrest won’t disappear from your record unless you get it expunged (more on that later).
DUI Court Records
If convicted of a DUI, it becomes part of the public court record. Court records include details like charges filed, pleas entered, trial outcomes, sentences handed down, etc. These records are maintained forever and are accessible to the public, including background check companies.
DUI on Your Driving Record
A DUI conviction will also appear on your official state driving record or motor vehicle record (MVR). This record is maintained by your state DMV or motor vehicles department. A DUI conviction remains on your driving record for a set number of years, typically between 5-10 years depending on the state. Examples:
- California – DUI stays on driving record for 10 years
- Florida – DUI stays on driving record for 75 years
- Texas – DUI stays on driving record for 10 years
So a DUI conviction will show up during background checks of your driving record for at least 5-10 years in most states. Longer in some.
DUI and Background Checks
When an employer, landlord, or other entity runs a criminal background check on you, a DUI will usually show up in two ways:
- DUI arrest record
- DUI court conviction record
These records persist and remain accessible indefinitely. Only way to get them removed is through an expungement.
DUI and Insurance Rates
A DUI conviction also drives up your car insurance rates for about 3-5 years on average. Insurance companies see you as high-risk so you’ll pay more for coverage. Rates eventually come back down if you maintain a clean driving record after the DUI.
When Does a DUI Finally Disappear?
With the exception of expungement, a DUI arrest and conviction will always be accessible on background checks to some extent. However, the impact lessens over time if you maintain a clean record. While DUI records don’t disappear, after 5-10 years of clean driving the conviction has less weight with employers, insurers, landlords, etc.
Getting a DUI Expunged
Expungement is the only way to fully remove a DUI arrest or conviction from your record. The process varies by state but generally involves:
- Submitting an expungement petition to the court
- Serving expungement notices to the arresting agency and DA
- Attending an expungement hearing before a judge
- Getting an expungement order signed by a judge
If granted, the court orders your DUI records destroyed or sealed. They then become inaccessible to background checks and most entities. It’s the closest thing to fully removing a DUI from your record.
Expungement Eligibility
Unfortunately, most states do not allow DUI convictions to be expunged. However, first-time misdemeanor DUIs may be eligible for expungement in some states after a certain period of time has passed (e.g. 5-10 years). Requirements vary by state but often include:
- Only one DUI conviction on record
- No other criminal convictions
- Probation completed successfully
- Sufficient time has passed since the DUI
If eligible based on your state laws, expungement can be a powerful tool to remove a DUI from your record after many years.
Should You Disclose Expunged DUIs?
While legally you generally don’t have to disclose expunged DUIs, my advice is to be upfront about it if asked on an application, interview, etc. Lying by omission can backfire. The best approach is to briefly own up to the DUI, emphasize lessons learned, and point to years of clean driving since.
The Impact Fades Over Time
The bottom line is that while a DUI arrest and conviction remain on your record forever, the impact does lessen over time if you maintain a clean driving record. It’s visible for background checks indefinitely, but has less negative weight after about 5-10 years. Continued good behavior, completing probation terms, and showing personal growth will help offset the DUI mistake.
I hope this guide gives you a better sense of what to expect with a DUI on your record. The stain fades but doesn’t disappear entirely. Still, don’t panic – with prudence and patience, you can overcome a DUI in your past. Let me know if any other questions come up!