How Long Does a DUI Stay on Your Record in NC?

If you’ve been charged with a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) in North Carolina, one of the most pressing questions you may have is, “How long does a DUI stay on your record in NC?”

The length of time a DUI stays on your record and its impact depends on several factors. These factors can include the severity of the charge, whether you are a first-time offender, and any other subsequent criminal activity.

How Long Does a DUI Stay on Your Record in North Carolina?

In North Carolina, a DUI stays on your criminal record permanently, meaning it does not automatically disappear after a certain number of years. Unlike minor infractions that might drop off your driving record after a set period, a DUI remains visible to anyone conducting a criminal background check unless you qualify for an expungement.

The North Carolina Department of Motor Vehicles (DMV) retains the offense for seven years for sentencing purposes. This means if you are convicted of another DUI within that time frame, it will be considered a repeat offense, which can result in harsher penalties.

Understanding the Consequences of a DUI in North Carolina

The consequences of a DUI in North Carolina can be life-altering. Not only will you face immediate penalties such as fines, possible jail time, and a suspended driver’s license, but the long-term impact can affect your employment, insurance rates, and personal and professional life. A DUI conviction could lead to the following:

1. Criminal Record. A DUI conviction is a serious offense that remains on your criminal record indefinitely. This can affect your employment, housing opportunities, and even your ability to obtain certain professional licenses.
2. License Suspension. Your driver’s license may be suspended for up to one year for a first offense and longer for subsequent convictions.
3. Fines and Penalties. Fines for a DUI can range from $200 to $4,000 depending on the severity of the offense and whether it’s a first-time or repeat offense. Additional court costs and other penalties may also apply.
4. Increased Insurance Rates. Your auto insurance rates may increase, and some insurance companies may choose to cancel your coverage altogether.
5. Impact on Professional Life. Many employers conduct background checks before hiring, and a DUI on your record may limit your career prospects, particularly in industries that require driving or where a clean record is important.

Is It Possible to Get My Charges Expunged?

If your DUI charge was dismissed or you were acquitted, you may petition for expungement. To file for an expungement, you must meet the following conditions:

• The case must have been dismissed or resulted in an acquittal (no conviction).
• You must not have any other pending criminal charges or recent convictions.
• You and your lawyer need to file a petition for expungement in the county where the DUI charge was processed.

Steps to File for Expungement in North Carolina

If you meet the requirements, you may follow these steps to file for expungement:

• File the necessary petition. Obtain and complete the appropriate expungement petition forms.
• Submit your petition. You must submit the petition to the county court where the DUI was charged.
• Serve the District Attorney’s Office. The District Attorney’s Office must be notified of your petition. They may respond or object to the expungement request, but if they do not, the court can move forward with your petition.
• Wait for the court’s decision. Once the petition is filed, the court will review it. If all requirements are met, the court can approve the expungement, and your DUI charge will be removed from public records.
• Follow up. After the expungement is granted, it may take some time for the records to be officially sealed or removed from databases. It’s important to follow up to ensure everything is properly processed.

FAQ

Q: Can a DUI Be Expunged in North Carolina?

A: In North Carolina, expunging a DUI or DWI from your record can be very difficult. DUI convictions typically are not eligible for expungement under current North Carolina law. Expungement refers to the legal process of having a criminal record cleared, effectively erasing the conviction from public view.

However, if your DUI charge was dismissed or you were found not guilty, you may qualify for an expungement.

Q: How Long Does a DUI Show Up on a Background Check in North Carolina?

A: In North Carolina, a DUI conviction will show up on a criminal background check permanently unless the conviction is expunged. This means whenever someone pulls your criminal record, whether it’s for a job application, housing, or other screening processes, your DUI will be visible unless steps have been taken to remove it.

Employers, landlords, and other entities often use background checks as part of their screening processes, and the presence of a DUI can negatively impact your opportunities.

Q: How Long Does DUI Affect Insurance in North Carolina?

A: A DUI conviction will likely have a significant impact on your auto insurance rates in North Carolina. Following a DUI, insurers categorize you as a high-risk driver, which can result in premium increases, policy cancellation, or high-risk insurance. In North Carolina, a DUI can affect your insurance rates for a long time.

Q: What Is the Lookback Period for a DUI in North Carolina?

A: The lookback period for a DUI is seven years for misdemeanor, and ten years for felony. The lookback period refers to the length of time a previous DUI conviction can be considered when determining penalties for a new DUI charge.

It’s important to understand that the lookback period applies to sentencing and not to your driving or criminal record. Even after the lookback period expires, the previous DUI will still be visible on your criminal and driving records.

Legal Support for Your DUI Case

A DUI conviction in North Carolina has long-term consequences that can affect your life for years. From permanent marks on your criminal record to heightened insurance rates and restricted employment opportunities, the impacts of a DUI are far-reaching. While North Carolina’s laws make it challenging to expunge a DUI, understanding how long a DUI stays on your record can help you better navigate the legal and personal ramifications.

For anyone charged with a DUI in North Carolina, seeking experienced legal counsel is critical to protecting your rights and minimizing the long-term effects of a potential conviction. Contact us today to schedule a consultation and let the Cody Law Firm, PLLC, advocate for you.