How Long does a DUI Stay on Your Record?

Receiving a DUI conviction is a life-altering occurrence. A conviction like this impacts many facets of your life, and it might leave you wondering how long this will follow you. As with anything in the legal world, the answer is both simple and not. 

To mitigate the fallout of a DUI charge, call an experienced Washington DUI defense lawyer immediately following your arrest. At Puget Law Group, we know the stakes are high for conviction. We will work on your behalf for dropped or reduced charges whenever possible.

Types of Records

When you consider whether your DUI conviction will appear on your record, the answer may vary depending on which record you are considering. In some cases, the amount of time since the conviction and the relevance of the conviction should also be considered. The three types of records people typically refer to with this question are:

• Driving record
• Criminal record
• Employment background check 

Your driving record will typically be used for insurance purposes or jobs requiring driving. Criminal records may also be pulled for jobs, housing, or volunteer purposes. Most employers also perform background checks that may include a mixture of this information. 

Effects of a DUI Conviction

After you are convicted of a DUI, even after you have completed your sentence, which may include confinement, fines, probation, or treatment programs of some kind, there will be lingering consequences.

This is particularly true considering this year’s updates to Washington State’s DUI Law, allowing certain repeated DUIs to be charged as a felony instead of the previously charged misdemeanors. Regardless of whether you receive a felony or misdemeanor, the conviction may follow you in many ways. 

Immigration

A DUI conviction on your record may impede your ability to travel to Canada. While it does not completely stop you, the conviction provides many more barriers to travel to and from Canada. Your conviction also waives your access to the Nexus program, allowing easier entry to Canada. 

Insurance Premiums

When you have a DUI on your record, obtaining and maintaining car insurance can be difficult and is nearly always expensive. An article on getting car insurance in Washington after a DUI reports that the cost of car insurance goes up about 73% after a DUI conviction.

If you have received a DUI conviction, it is vital to check with your insurance company to ensure you are still covered since Washington law does not require coverage for people with a DUI. 

Employment

A DUI conviction may affect your employment in more than one way. Many places of work have behavioral expectations in their handbook in which a DUI may be considered a violation. In this instance, it is at the employer’s discretion whether or not the employee is terminated. 

If you seek employment after the conviction, protections are in place to prevent discrimination. According to RCW §49.14.010, employers cannot disqualify someone for a job solely because of their criminal record before determining if they are otherwise qualified for the position. This includes rejecting a candidate for not disclosing a previous criminal record, with a few exceptions. 

People Who Can Access Your Records

Even though your DUI may be permanently on your record, that doesn’t mean that just anyone is able to access it. Employers can typically only see it for seven years but are only allowed to ask about convictions for up to ten years, but only if the conviction is relevant to the job. For example, if you are getting a job that requires using a company vehicle or transporting people, a DUI conviction may be relevant. 

In most circumstances you come across in life, you will have to provide written consent for the check to occur. This policy is pursuant to the Fair Credit Reporting Act requirements because background checks are considered consumer reports. This compliance requires written permission before they can access your information. 

Additionally, while formal reports require permission to access your records, California has open records for such charges. So, with enough digging into court records, they can find documentation of your conviction. Members of the public may request a criminal history report from the Washington State Patrol and receive conviction information. 

Alternative Outcomes in Washington DUI Cases

If you are faced with DUI charges, there are several things you may be considering, including wondering whether you can get a DUI charge reduced in Washington state. If you are unable to get charges dropped, obtaining a reduction will be your next best plan to avoid a conviction on your record. This may not be an option for every case, particularly if you have previous convictions, but it may be worth exploring with your DUI defense attorney. 

If the charge is eligible to be reduced, it will commonly be taken to reckless driving. This is beneficial because it reduces the sentencing requirements, financial penalties, and the stigma of a charge like a DUI. If a reduction of charges does not seem feasible for your case, you may explore diversion programs or deferred prosecution as an option. 

Washington takes a tough stance on DUI convictions and does not make exceptions when offering expungement or vacating the charges, in that it is not an option. In Washington, vacating your charges means releasing the person from all punishments and consequences that result from the conviction or sentencing. In RCW §9.96.060, we see expungement addressed, and DUI charges are not included.  

Don’t Let a DUI Conviction Hold You Back

If you are facing DUI charges, it is crucial that you secure legal representation immediately. At Puget Law Group, we understand the vulnerable position you are in and will handle your case with the dedication and compassion you deserve. Don’t try to manage your case alone and carry the burden of a DUI conviction for the rest of your life. 

You can reach a team member 24 hours a day, seven days a week, to schedule a free case consultation. This time allows you to speak with a member of our team to determine what legal options we may be able to offer you. You deserve to have someone protecting your rights, so call us today.