QUESTION
How long does a DUI remain on your record?
Asked on Jul 27th, 2011 on Criminal Law - Oregon
More details to this question:
How long do DUIs and driving on a suspended license remain on your criminal record? If it's been over 15 years since any issues have occurred would they be automatically removed after a certain time, or can I have them removed somehow? I'm applying for a job and would rather not have to explain all that since it is no longer an issue, and hasn't been for quite some time now.
35 ANSWERS
General Litigation Attorney serving Shelby Township, MI
at
Law Offices of Jeffery A. Cojocar, P.C.
Update Your Profile
Forever, they never go away.
Answered on Jun 26th, 2013 at 2:38 AM
Anthony Lowenstein
It depends on several factors.
Answered on Aug 04th, 2011 at 9:46 AM
Michael J. Breczinski
They stay on your record forever. The points behind traffic offenses eventually go away but not the criminal conviction.
Answered on Jul 29th, 2011 at 1:57 PM
Appellate Practice Attorney serving Clinton Township, MI
at
Thomas J. Tomko, Attorney at Law
Update Your Profile
A DUI conviction as you described is not removable from your record in Michigan.
Answered on Jul 29th, 2011 at 1:06 PM
They will stay on your record forever, unless you petition the court for expungement. Contact an attorney regarding such a petition.
Answered on Jul 28th, 2011 at 2:54 PM
Criminal Trial Attorney serving San Jose, CA
at
Law Office of Thomas F. Mueller
Update Your Profile
DUIs come off your DMV record after 10 years, but never off your criminal record. You can get them expunged but they still are there.
Answered on Jul 28th, 2011 at 2:06 PM
That will remain on your record until you have it expunged.
Answered on Jul 28th, 2011 at 1:59 PM
You need to understand the difference between your driving record and your criminal record.Your driving record clears itself with the statutory times for DUI (10 years).Your criminal history doesn't ever clear itself.If you wish that removed, you must apply for expungement of your record.A request form can be obtained on the Utah State government website.
Answered on Jul 28th, 2011 at 1:31 PM
Family Attorney serving Traverse City, MI
at
Craig W. Elhart, PC
Update Your Profile
They will remain on your record forever. Since there are 2 charges, and assuming they were at different times, you are not eligible for expungement.
Answered on Jul 28th, 2011 at 1:05 PM
Criminal Law Attorney serving Howell, MI
at
Law Offices of Jules N. Fiani
Update Your Profile
Lifetime for enchancement purposes. 2 years with regards to driving points.
Answered on Jul 28th, 2011 at 12:58 PM
In the State of New Jersey, DUI's are considered a moving violation not a criminal offense. Therefore, they are on your record your whole life and cannot be expunged like criminal charges can.
Answered on Jul 28th, 2011 at 12:45 PM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
A DWI remains on your record indefinitely if you were convicted or received probation. If the case was dismissed, it will remain on your record until you expunge it. A conviction for driving with your license suspended remains on your record indefinitely. If it was dismissed, it will remain on your record until you expunge it. If you received deferred adjudication probation and successfully completed that probation, then you can petition the court in whch the case was prosecuted to seal your record.
Answered on Jul 28th, 2011 at 12:22 PM
2 Awards
They are never removed from you driving record.
Answered on Jul 28th, 2011 at 11:49 AM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
It stays on your record forever. There is no way to get it removed.
Answered on Jul 28th, 2011 at 6:33 AM
Assault and Battery Attorney serving Tacoma, WA
at
Michael Maltby, Attorney at Law
Update Your Profile
Current law does not allow you to get a DUI off your criminal record. You may be able to get the driving while suspended off you record if you meet the criteria in RCW 9.96.060.
Answered on Jul 28th, 2011 at 5:56 AM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
Forever, just like any other criminal conviction. A DUI counts as a prior for 10 years, for enhancement of penalty in a subsequent charge. However, you can consider getting conviction[s] expunged; which would help in obtaining and keeping employment. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answered on Jul 28th, 2011 at 5:20 AM
Elvin Garry Grundy
A DUI conviction, no matter how old, does not just automatically expunge itself from your record. However, the Arizona Legislature has provided a pathway for individuals looking to vacate misdemeanor and felony convictions from their record and even seal them from the public. This office provides reasonable rates and flexible payment plans to help you restore your name and get you on track to get that job, loan, or business opportunity you've always dreamed of.
Answered on Jul 28th, 2011 at 5:19 AM
Small Businesses Attorney serving Livonia, MI
at
Klisz Law Office, PLLC
Update Your Profile
They are on your record for life. They cannot be expunged under current Michigan law.
Answered on Jul 27th, 2011 at 3:55 PM
Criminal Law Attorney serving Reno, NV
at
Law Office of Cotter C. Conway
Update Your Profile
In Nevada, a misdemeanor DUI conviction must stay on your criminal record for a minimum of 7 years after completion of the imposed sentence. But it is not automatically removed from your criminal record. You must petition the court in which you were convicted to seal the record of conviction. Only then will you be able to tell potential employers that you have no criminal record.
Answered on Jul 27th, 2011 at 3:34 PM
Criminal Defense Attorney serving Oregon City, OR
Partner at
Jared Justice, Attorney at Law, P.C.
3 Awards
Unfortunately, the crime of DUII cannot be expunged. If you went through diversion and completed it, it does not count as a crime.
Answered on Jul 27th, 2011 at 3:29 PM
Drivers License Suspension Attorney serving Redlands, CA
at
Law Offices of Matthew Murillo
Update Your Profile
It never gets "removed" from your record. However, you may be eligible to expunge the conviction so that you can legally claim you have not been convicted (for most job applications). With that said, if it is 15 years old, it cannot be used against you as a prior if you do get arrested for DUI again. Keep in mind, even if you get it expunged, it will still not be removed from your record. There will simply be a note added on that indicates it has been expunged. In California, nothing is ever actually removed.
Answered on Jul 27th, 2011 at 2:32 PM
If the offenses were convictions, they will remain on your permanent record. If the DWLI was a Class C, then it may drop off after several years.
Answered on Jul 27th, 2011 at 2:32 PM
Criminal Law Attorney serving San Jose, CA
at
Maureen Furlong Baldwin
Update Your Profile
There is no time that a file is no longer visible at the court, until the courthouse destroys the paper files. Even then, there will be a data entry or computer record of your conviction. Most people are concerned with how long a DUI will cause problems with getting a job, or increased cost of insurance. The answer to that depends on how far back the insuarance comapany or the H.R. Dept of a prospective job choose to look back. These assessments would likely be based on risk. If you committed a petty theft last year, you are probably not a good bet to be hired in retail the following year. On the other hand, if the conviction was 10 years ago, it is possible the company will not look that far back. There are of course high security background checks for high security jobs. There is no law based on the conviction. Court files are open public records.
Answered on Jul 27th, 2011 at 2:25 PM
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Edward J. Blum
Update Your Profile
They will remain on your record forever. The police computers will retain the information until you die and beyond. The DUI is only priorable for 10 years. The issue of whether you have to report it to employers depends on the question they ask. If they ask have you ever been convicted of a misdemeanor, then you have to answer yes. If the ask have you been convicted of a misdemeanor in the last 10 years you can answer no. You can also apply for dismissal pursuant to Penal Code 1203.4. This is commonly referred to as an expungement, but it isn't. It just allows you to answer No to the question have you ever been convicted of a misdemeanor. In the case of a DUI, the court has discretion to grant or deny. Usually, if you are off probation and have not had any problems since the conviction they will grant it.
Answered on Jul 27th, 2011 at 2:24 PM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
Like all criminal charges they stay on there forever unless you are eligible to have them expunged. In order to get an expungement, you can only have one conviction of any kind on your record. The points from the charges only stay on your driving record for two years however. If it has been 15 years, you can easily explain to your employer that was a long time ago and your clear track record for more than a decade clearly demonstrates rehabilitation.
Answered on Jul 27th, 2011 at 2:24 PM
3 Awards
In Colorado, convictions stay on your record forever. There are some exceptions, but not for DUI. It is always best to admit to the DUI if asked by an employer. Be ready to explain how you have changed and what you learned. If they find out you lied on an application, you will not get the job.
Answered on Jul 27th, 2011 at 2:22 PM
Criminal Law Attorney serving Oakland, CA
at
Dennis Roberts A Professional Corporation
Update Your Profile
Forever. they are one of the few crimes that cannot be removed. Sorry.
Answered on Jul 27th, 2011 at 2:22 PM
They remain on your record untill you take steps to remove them. A DUI can be expunged three years after you have completed all the conditions of your sentence.
Answered on Jul 27th, 2011 at 2:18 PM
Transportation Attorney serving Mamaroneck, NY
at
Palumbo & Associates, PC
Update Your Profile
Forever, it is a permanent record.
Answered on Jul 27th, 2011 at 2:08 PM
Criminal Law Attorney serving Lancaster, NH
at
Harden Law Office
Update Your Profile
A DWI will remain on MV record forever unless annulled, the NH DMV will only look back 10 years as it relates to prior offenses. However, a DWI will be considered a major MV violation for 5 years for purposes of habitual offender laws. You can seek to have DWI and oper after annulled in the court they occurred by filing for annulment per RSA 651:5. Many folks do this on their own, others hire an attorney to make sure it is done correctly. Good luck.
Answered on Jul 27th, 2011 at 2:04 PM
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Gabriel Dorman
Update Your Profile
A DUI conviction will stay on your record forever unless you get it expunged at some point after successful completion of probation. However, the DUI conviction will be used as a prior DUI conviction against you on any subsequent DUI arrest occurring within the next 10 years of that conviction. If you want to avoid having to disclose your DUI conviction on job applications you should seek to get an expungement. If your DUI conviction is expunged you will not have to disclose it on any job application. I hope this answer was helpful. Good luck.
Answered on Jul 27th, 2011 at 2:04 PM
Personal Injury Attorney serving New Orleans, LA
at
Bloom Legal LLC
Update Your Profile
In Louisiana these issues can only be held against you *criminally* for a period of 10 years. However, they will remain on your record indefinitely even if they cannot be held against you - unless you take action to have them removed. The process of having your criminal record cleared in Louisiana is referred to as an expungement.
Answered on Jul 27th, 2011 at 1:55 PM
You can retain a lawyer to file a petition pursuant to Penal Code Section 1203.4 to have your prior misdemeanor convictions expunged. There is no time limit at which time these criminal offenses automaticaly are removed from your criminal record.
Answered on Jul 27th, 2011 at 1:54 PM
If your DUI was a conviction and not a deferred judgment, it cannot be removed from your record.
Answered on Jul 27th, 2011 at 1:54 PM
A DUI will remain on your criminal record forever in Oregon. It is not expungeable. They are not automatically removed. However, if it's been so long since the DUI, most employers or anyone else conducting background checks would probably understand and not hold something from 15 years ago against you.
Answered on Jul 27th, 2011 at 1:54 PM