DUI Records
Generally speaking, adult criminal records are a matter of public record. That means that anyone who is willing to put in the time and energy to seek out those records can learn about your criminal history. DUI convictions also appear regularly in local newspapers.
There are some limitations on the release of the comprehensive collection that you might think of as your "criminal record", but in most cases, individual charges and their dispositions are readily discovered. In addition, many employers use private investigative firms that collect criminal history data. Some also require a copy of your driving record, which will reflect license suspensions associated with DUI charges or breathalyzer test refusals.
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Many courts are making their records available on the internet today, which makes it much easier and less expensive to locate DUI convictions and other criminal case information. And some investigative agencies make such compiled reports available to anyone who is willing to pay for them.
As such, information about criminal convictions is generally accessible to anyone who has the time and motivation to actively seek out that information.
In the following sections, you can learn more about:
- What's on My Criminal Record?;
- Official Purposes for criminal History Databases;
- Who Else Sees My Criminal Record?; and
- Accessing Your Criminal Records.
What's on My Criminal Record?
All criminal court activity is a matter of public record. You may think of your "criminal record" as a list of convictions, but public records are much more extensive than that. Once DUI or other criminal charges have been filed, an official record exists within the court system. That record doesn't disappear if charges are dismissed or if the defendant is acquitted at trial. Depending on state laws and the reporting procedures of local prosecutors, charges that did not result in conviction may appear in the national database as well. That means, for instance, that a police officer checking a driver's record during a roadside stop may see charges that resulted in acquittal as well as criminal convictions.
Official Purposes for Criminal History Databases
The federal government collects information about many crimes and makes that information available to state and local law enforcement agencies across the country. The information may be used by law enforcement agencies to:
- Determine appropriate charges
- Make bail recommendations
- Make sentencing recommendations or negotiate plea agreements
- Screen potential employees
- Consider the reliability and impeachability of potential informants
- Narrow a pool of possible suspects in a criminal investigation
The database system also helps law enforcement agencies to enforce certain restrictive statutes, including limitations on the ability to purchase a handgun and restrictions on those convicted of certain types of crimes working in schools or residing in certain areas.
In the area of DUI / DWI law, criminal records serve another purpose particular to drunk driving enforcement. Nearly all U.S. states belong to a "driver's license compact" that requires reporting among states when citizens of one state are convicted of DUI. That means that a DUI conviction in another state may still form the basis for treatment as a repeat offender, and that a DUI conviction in a state other than the one where you live and are licensed can result in a driver's license suspension in your home state.
Who Else Sees My Criminal Record?
Outside of law enforcement, the most common use of criminal histories is in determining eligibility for employment or for certain educational programs. Sometimes a prospective employer or a school-particularly those in licensed or bonded professions-will require an applicant to supply a copy of his criminal history as a part of the application process. In other cases, an employer will ask for authorization from an applicant to conduct a background check, and that background check may include both criminal history and credit information.
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Accessing Your Criminal Records
Many states have agencies that will provide consumers with copies of their criminal records for a small fee. These are sometimes required for employment or school applications, but are also useful for anyone with criminal charges in his background. If there are criminal charges on your record that were later dismissed, a criminal defense lawyer may be able to get them expunged. Even convictions can sometimes be expunged. If your criminal history is limiting your options, you may be able to clean up that record-talk to a DUI lawyer in your area to find out what options are available to you.