How Long Does a DUI Stay On My Record in California?
One of the biggest worries for individuals facing a DUI conviction is how long the incident will stay on their record. It can be difficult to find employment or advance in your career when you are obligated to disclose a DUI to every boss and company. In California, the short answer is that a DUI conviction stays on your record for ten years, whether it was a felony or a misdemeanor. But there are more complicated rules as to when a DUI counts against you and when it is possible to expunge it permanently.
Understanding the Wet Reckless
In order to avoid having a DUI on their record, many drivers will enlist the help of an attorney who can obtain a plea bargain. The first offer prosecutors are likely to make is to change the crime from a DUI to what is known as a “wet reckless” – reckless driving involving the use of alcohol. A wet reckless has the advantage of no mandatory sentence laws, and typically jail time and fees will be reduced from a classic DUI case. You could also receive a shorter probationary period, which would allow you to pursue expungement much sooner.
While this is one way to avoid having a DUI on your record, it may not be ideal. Car insurance companies may treat a wet reckless charge the same way they would a DUI when deciding your rates. A wet reckless also counts on your record as a prior DUI conviction, so if you face DUI charges again within the ten year time period, you will still be charged as a repeat offender.
Expunging a DUI Charge
If you have completed probation, a DUI attorney can help you petition to have the court expunge the charge from your record. It is a fairly simple process that anyone can do. You go before the judge and rescind your plea so you can re-enter a not guilty plea and have the case dismissed. Afterward, the DUI no longer counts against you for insurance or employment purposes, and you are not required to divulge it. There are exceptions, such as when you’re attempting to obtain a state license or become a teacher.
Just like with DUI convictions that are pleaded down to reckless driving, expunged DUI convictions are used as priors. It is important to understand that just because a DUI is removed from your record before the requisite ten years have expired does not mean you will be tried as a first-time offender if you drive drunk again.
The ten-year length that a DUI stays on your record begins on the date of your arrest, and usually the best way to handle is it to complete your probation and ask for an expungement. This is especially true if you are convicted of a DUI felony, which could result in the loss of voting rights and access to government assistance, among other consequences. Careful handling of the situation can make a substantial difference to your future.
Photo by Douglas Palmer / CC BY
Bradley Corbett
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.