DUI ARREST RECORD DETAILS
An arrest for driving under the influence or, DUI, can occur when a
police officer thinks you are driving under the influence as determined
by a chemical taste of your alcohol blood content or driving while
intoxicated. Although both of those offenses sound like the same thing,
one has to do with your specific alcohol blood content while the other
has to do with your physical abilities at the time of an arrest. Most
often, a DUI arrest will include those two charges. It is conceivable
you might be found guilty of both or just one. If you are fortunate,
your charges could be dismissed. Either way your DUI arrest is going to
be a permanent part of your record unless you take certain measures to
have it removed from that record.
DUI Arrest Showing Up On a Background
Check
The harsh reality is that if you have ever been arrested for a DUI that
becomes a tangible record that can be discovered through a simple
background check from a prospective employer. This arrest could have
occurred many years prior or in another state but it would still be
part of your record. Even if the charges were later dismissed the
record of the arrest is not going to magically disappear. The mere fact
of the arrest has started a paper trail and that's going to follow you
wherever you go. Some employers ask for a three years prior driving
record. If your DUI arrest was earlier then it might not show up on
your background check. The big question then becomes are you willing to
take that risk?
Court Ordered Expunging of Record Can
Clear A DUI Arrest
If your DUI arrest charges are dismissed or you are not convicted of
the charge, you can petition the court to have your record expunged.
This is in effect a permanent wiping out of that one particular DUI
arrest. In order to do this, you will need to petition the court.
Typically this is handled with an experienced attorney who knows their
way around this specific judicial matter. You stand a greater chance of
having your arrest expunged from your record if it is a first time
offence. Depending on the circumstances, you might even be able to
expunge your record with a DUI conviction but you probably won't be
able to begin the petition process until you have completed your
sentencing.
Work With a Lawyer To Petition the
Court
A criminal defense lawyer who is experienced with DUI arrests and
convictions will be the best person to help you get your record
expunged. It stands to reason that same lawyer who might be handling
your case in the first place would be the same person you help with
your record. If a DUI arrest with no conviction occurred several years
ago, you can request a review of the DMV records from the state where
the arrest occurred. This will show you that it's still there and needs
to be expunged to be gone forever. Don't wait until you're applying for
your next job before taking care of your DUI arrest record.