One of the ways that a conviction for driving under the influence of an intoxicating substance (DUI) affects the person convicted is through their criminal record. It is almost impossible to ignore one’s criminal record because it may play a role in hiring and housing decisions. First time DUI offenders should understand the role that their criminal record plays both before and after conviction.
Pre-Conviction Criminal Record
Even if a person has never been convicted of DUI before, their criminal record may play a significant role during their first DUI case. One of the things prosecutors look at when considering what plea deal to offer a defendant is their criminal record. If the defendant has been convicted of other drug and alcohol-related offenses, the prosecutor may decide not to offer as favorable a deal. For example, in many states, first time DUI offenders may offer to dismiss the case upon completion of other obligations, such as drug and alcohol treatment. If the defendant was previously convicted of a drug or alcohol-related offense, however, they were probably ordered to complete such treatment already and the prosecutor will probably not extend an offer to dismiss.
Post-Conviction Criminal Record
A person’s criminal record includes their history of arrests and convictions. Thus, when a person is arrested for DUI, that arrest shows up on their criminal record even if they are never convicted. Once convicted, both the arrest and conviction will appear on their criminal record. That record is available to the public and will show up during an ordinary background check.
If a prosecutor conditionally offers to dismiss the DUI charge so long as the defendant complies with another court order, such as drug and alcohol counseling, the arrest will still appear on that person’s record as will the disposition of the case. In other words, their criminal record will show that they were arrested for DUI and that the charge was dismissed.
Expunging a DUI Conviction from a Criminal Record
To fully remove an arrest or conviction from a person’s criminal record, that person must apply to have their record expunged. Expunging an arrest or conviction removes it from a person’s criminal record. Note that not all crimes can be expunged. In many states, DUI arrests and convictions are among the crimes that cannot be expunged. That means that even first time offenders will be unable to remove the DUI conviction from their criminal record indefinitely.
When to Talk to an Attorney
It is important to discuss the ways in which a DUI conviction can affect one’s criminal record with a qualified attorney. That attorney can explain how and where the conviction is most likely to come up and whether a particular states will allow a DUI conviction to be expunged from a criminal record.
