Yes, an old DUI will show up on a background check.
A DUI Cannot be Expunged
An expungement is the legal process to remove a conviction from your criminal record. A conviction that is expunged will not show up on a public background check. An expungement can only be applied for after five years following the conviction or from the release date of probation or incarceration.
An expungement is a great tool for clearing up your record from something that may be holding you back from future employment or to just give you some peace of mind. However, not all convictions are eligible for an expungement.
Traffic Offenses Cannot be Expunged
No type of traffic-related offense can be expunged from your record. Convictions for misdemeanors such as leaving the scene of an accident, driving on a suspended license, or failure to yield to an emergency vehicle are examples of convictions that cannot be expunged.
All drunk driving related convictions are traffic-related convictions that cannot be expunged. This includes the three main first-offense DUI convictions. These are;
- Operating While Visibly Impaired
- Operating While Intoxicated, and
- Operating While Intoxicated with a High BAC
You should know if charged with one of these crimes that a conviction will be permanently on your record and available for anyone to see if they look.
DUIs Will Always Be on Your Driving Record
A common misconception is that a DUI or other traffic-related conviction will “drop off” from your driving record after a certain number of years. It is true that points on your driving record do drop off after two years. Any DUI conviction will result in points on your driving record.
For example, an OWVI has 4 points, while an OWI has 6 points. These points will be removed from your driving record after two years. However, the conviction will remain on the driving record.
The same is true of any driving-related civil infraction that goes on your record. The 2 points you receive from a traffic ticket will eventually be removed from your driving record, but the fact that you received the speeding ticket will remain on the record.
Sam Bernstein is a DUI Lawyer in Washtenaw County.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.