Driving under the influence (DUI) in the State of California is a serious offense that can significantly impact multiple aspects of your life. A DUI not only carries criminal and administrative penalties but can also affect your reputation, career opportunities, and insurance rates.
After a DUI conviction, your car insurance rates are likely to increase significantly, and you may even face difficulties in finding an insurance provider willing to cover you.
Also, among the key concerns for those convicted of a DUI is how long the offense will remain on their record and what, if anything, can be done to shorten this time frame. Beyond these penalties, a DUI conviction will also show up on your criminal record.
This can cause issues even after the terms of the sentence have been satisfied because the conviction might show up on background checks for jobs, renting an apartment, and other procedures that require an overview of criminal records.
Fortunately, a DUI conviction does not necessarily have to stay on your criminal record forever in California. Many convictions are eligible for a DUI expungement. Also, a DUI conviction is usually removed from a driving record after ten years.
If you are seeking to remove a DUI conviction from your criminal record, our law firm might be able to help. Contact us to learn more about removing a DUI from your criminal record.
As noted, after you are convicted of DUI in California, a record of that conviction will remain on your state driving record for ten years. This clock starts running on the date of the arrest, not conviction. There is no way to have this record removed in less than ten years.
The Department of Motor Vehicles can view this record, and it may consider the conviction when making decisions on license suspensions, revocations, and reinstatements.
Police can also see a DUI conviction on your driving record when they access the record during traffic stops. As noted, car insurance companies will be aware of the conviction and may use this information to modify your policy. The DMV's record of your conviction will not show up on background checks.
Still, the original conviction on your criminal record will be on most checks for employment and professional licenses. In California, DUIs appear on two distinct records: your DMV (driving) record and your criminal record. Each has different repercussions that you should be aware of. Let's review each below.
DMV Record
A DUI conviction appears on your Department of Motor Vehicles (DMV) driving record for 10 years from the date of your arrest. During this period, the offense is visible to both the DMV and law enforcement agencies.
This 10-year mark is significant because it affects how subsequent DUIs are treated. Any additional DUI offenses within this window will result in enhanced penalties, such as longer license suspensions, increased fines, and potentially harsher sentences.
While this information is not available to the public, it can have indirect consequences. For instance, insurance companies can access your driving record and will likely increase your premiums significantly after a DUI conviction. Unfortunately, as noted, there is no way to remove a DUI from your DMV record before the 10-year period ends.
Criminal Record
A DUI also appears on your criminal record, categorized either as a misdemeanor or felony, depending on the severity of the incident. Historically, DUI offenses remained on your criminal record indefinitely unless you actively petitioned the court to expunge or seal the record.
This made it difficult for individuals with a DUI to move beyond their offense, especially in situations requiring background checks-such as applying for jobs, professional licenses, or housing.
However, with the passage of California's Clean Slate Laws in recent years (AB 1076 and SB 731, respectively), changes have been made to make rehabilitation more accessible and lessen the life-long impact of certain criminal convictions, including DUIs. This is a beacon of hope for those seeking to move beyond their past mistakes.
Once a criminal record is sealed, it will no longer appear in most background checks for employment, housing, and other non-criminal purposes, significantly reducing its impact on your future.
Misdemeanor vs Felony DUI in California
- Misdemeanor DUI. For misdemeanor DUIs, criminal records are now automatically sealed one year after the sentence is completed, provided all conditions of the sentence (like probation and fines) are satisfied, and no subsequent offenses or violations have occurred within that timeframe.
- Felony DUI. The timeline is longer for felony DUIs. Eligible felony DUI convictions are automatically sealed four years after the sentence is completed, assuming no additional violations or serious criminal activity occurred during the probationary period or post-sentencing timeframe.
It's important to note, however, that these Clean Slate protections are not absolute. Certain offenses, such as those requiring sex offender registration or cases involving extensive harm or injury, are excluded. Additionally, if you have pending criminal charges or fail to meet the terms of your sentence, your record may not be eligible for sealing.
To illustrate, if you're convicted of a felony DUI where someone was hurt or killed as a result of your actions, your conviction is probably not eligible to be sealed.
Seeking Legal Support for Non-Automatic Sealing
While California's Clean Slate Laws provide automatic relief for many, not all DUI records may qualify for this process. If your DUI is ineligible for automatic sealing or there is a dispute over its eligibility, you have the option to petition the court for record sealing or expungement.
Under Penal Code 1203.4 PC, you may also have the right to petition for early record sealing before the automatic time frame provided that you have completed the terms of your probation and you were not sentenced to state prison.
A California criminal defense attorney can be an invaluable resource in these cases, providing you with the guidance and reassurance you need. Attorneys help by:
- Assessing Eligibility - A lawyer can evaluate whether the specifics of your case align with Clean Slate criteria or other statutory provisions for relief.
- Filing a Petition - If necessary, they can prepare and file a petition for record sealing or expungement, ensuring compliance with legal requirements.
- Advocating on Your Behalf - Attorneys can present your case to the court, highlighting evidence of rehabilitation, lack of future threat to public safety, and other factors that support your petition.
Notably, a DUI conviction will stay on your criminal record indefinitely unless you take legal action to have the conviction removed through expungement. This applies to all degrees of DUI convictions, from felonies to misdemeanors.
An expungement will remove the conviction from your record, providing you with a clean record and no other prior convictions. This can be a powerful motivator, encouraging you to take the necessary steps to improve your situation.
This will allow you to apply for jobs and answer "No" to application questions about criminal history. The conviction will not show up on criminal record background checks. For more information, contact our California criminal defense law firm, Eisner Gorin LLP, based in Los Angeles.
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