Tuesday, May 28, 2013

How DUI Conviction Can Affect Your Life


There are many ways by which a driving under the influence (DUI) conviction can affect your life. The first conviction may result in license suspension, court supervised probation, mandatory attendance in alcohol treatment program, and payment of court fines. The most important thing to note about a conviction however is not the penalties that may be meted out to the offender but the impact the conviction has on the life after all sentencing requirements have been complied with. The offender will carry a “criminal record”.
A DUI conviction, which is a misdemeanor offense, will become permanent on an individual’s criminal record. The only way it could be removed from the individual’s record is to petition the court to have the conviction expunged. If the court allows the petition and the conviction is expunged, then the conviction will not longer appear in a record check.
There are states that do not allow expunction, but will allow a record to be sealed. A sealing of criminal record has the same result as an expunction. However, certain agencies of the government could still see the conviction. The procedure for sealing a criminal record, like expunction, requires petitioning the court for such relief.
Now let’s discuss how a criminal record with DUI arrest can affect an individual’s life. One important aspect of life that could be affected is employment. An employer usually does a routine criminal background check before hiring an individual. A criminal record will show up, unless it has been expunged or sealed. The employer has the right to decline employment based on a criminal record.
Another aspect that could be affected is renting an apartment. Many states allow landlords to conduct a criminal background check before they rent. Landlords usually turn down individuals with criminal records in rending apartments due to security reasons. There are many states that allow car insurance premiums if a person has had a DUI arrest before.
Travel and residency rights are also adversely affected by DUI conviction. Certain countries, like Canada, will not allow cross border if an individual has a misdemeanor conviction. There are misdemeanor acts that could trigger deportation for a non-citizen too.
It is important to talk to a criminal defense lawyer if you face any DUI charge. A lawyer can protect your rights and ensure that your freedom is not compromised. Retaining the services of a lawyer is very important in expunging or sealing a DUI criminal record.

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