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Will a first offense DUI stay on my criminal record if convicted?
Question:
Will a first offense DUI stay on my criminal record if convicted?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
A first offense DUI will stay on your criminal record if you are convicted, and it will also stay on your driving record in most states for ten years. Some people mistakenly think that because subsequent DUI convictions carry much harsher penalties than a first offense DUI, that a first offense DUI is not as serious. Nothing could be further from the truth.
Criminal Record
Unless you happen to live in one of the few states that allow a criminal DUI conviction to be expunged from your record, a first DUI will be on your criminal record for life. As an example, if you live in California you may be able to get your record expunged, but not if you live in Maryland.
Limitation of an Expunged DUI
If you are successful in getting your first DUI expunged but then you have a subsequent DUI the first DUI does count as an important prior conviction, which means you will experience the full impact of having a second DUI conviction.
Get Legal Help
If you have a DUI conviction that is several years old, you should talk with an experienced DUI attorney in your state to find out if having your criminal record expunged is an option that is available and also what the qualifications are. Having your record expunged is not a guarantee, and is decided on a case by case basis. If you state allows a DUI to be expunged and you have not been in any additional legal trouble and you successfully completed all the probation requirements you might be able to have the DUI removed from your criminal record.
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