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Criminal Records for DUI, refusal, and over 80 charges

If you’ve been convicted of drunk driving offense one of the first questions people ask is how long the conviction will stay on their record. The answer to the question is not overly simple. In terms of a criminal record, being convicted of a DUI will produce a conviction record that will be stored in both the national CPIC database and other local police databases. When you request a police background check for employment, school, or other purposes, it will show up.

The only way to stop a DUI conviction from appearing on a police criminal record check is to apply for and successfully receive a pardon. It takes a minimum of five years to even apply to receive a pardon. Unlike other offenses, an absolute or conditional discharge is not an option for DUI convictions. All DUI, over 80, and refusal convictions produce a criminal record.

Even without a conviction or after receiving a pardon, the DUI charge can still harm you

Not all DUI charges result in convictions. Sometimes the Crown will agree to drop the charges and sometimes people go to trial and are acquitted. Those that are convicted can, years later, also be eventually pardoned. If you receive a pardon or your charge does not result in a conviction, the charge will not show on a standard police background check however this does not mean that you have a completely clear record.

A pardon or non conviction does not erase the record of you being charged with DUI. The police and Crown Attorneys will always have a record of your arrest and charging for DUI. Furthermore, they also have the right to share this information with other police and law enforcement agencies. Once you are first charged with a DUI, you will never have a completely clean police record again - even if you are acquitted or the charges are withdrawn or you are convicted and later pardoned.

Remember, the existence of being charged for DUI the first time can cause you problems with the police regardless of the disposition. If you are ever pulled over again the police will see your history of dui charges. They thus may be more apt to suspect you of criminality and subject you to a higher level or search or scrutiny than otherwise.


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