Impact of a DUI on Your Criminal Record

When a person is first arrested for a drunk driving or impaired driving offense, his first immediate thoughts are about their freedom (being put in jail), and losing their driving privileges. When a person is first arrested these are usually the first concerns they deal with. And they are valid concerns since, depending upon the circumstances of the DUI or DWI case, conviction can easily lead to jail or prison time as well as extended driver's license revocation. Other than these initial, valid concerns, there are also other, possibly longer lasting consequences that will result because of a DUI or DWI arrest.

Permanent Criminal Record

If you are arrested for a DUI or DWI it will more than likely be a criminal matter. If you are convicted you will receive a DUI record, which is a put down in your criminal record history. Criminal history becomes public information and this will be part of your record for the rest of your life. A DUI/DWI conviction will make it difficult to apply for many forms of employment since they appear on criminal background checks. Background checks are quite a regular process these days when it comes to being employed, and this kind of conviction on your record will probably disqualify you immediately. This is generally the most devastating and long lasting effects of getting a DUI or DWI conviction on your record.

Clearing a DUI Record

Many people are unaware that a DUI or DWI record can be cleared from a criminal history in many states. If, for example, you DUI or DWI was a misdemeanor you may be able to seek an expungement. This would formally clear the DUI or DWI from you permanent criminal record.

An expungement will clear all records that the court has on file about your conviction. This includes the records held by any correctional or detention facilities as well, including law enforcement agencies. Once expunged, these records will cease to exist. This means that you could legally answer "no" on any pre-employment background check paperwork that asks if you have ever been convicted of any criminal act.

The DUI was a Felony

Depending upon the specifics of your case, your DUI conviction may be a felony. This occurs if there was a serious accident, injury or death as part of the arrest, or property was damaged at a certain financial level or you are a repeat offender. In this case, if you wish to have the record cleared, you will first need to have the felony charge reduced to a misdemeanor. To do this you will need to obtain a "pardon." A pardon can only be obtained by petitioning the Governor of your state and requesting a reduction of your felony charge to that of a misdemeanor.

If you are able to obtain a pardon, then you will need to go through the expungement process as explained above. But, it will be worth the trouble if you are successful at having the DUI or DWI charge removed from your permanent criminal record.