If you’ve been charged with a DUI in Canada, a significant concern is undoubtedly how long this will remain on your record.
A DUI conviction can have extensive ramifications, impacting your employment prospects, your ability to travel, and even your housing situation. Understanding the duration a DUI stays on your record, and what actions you can take, is essential for planning your future.
This post will outline the key facts about DUI records in Canada and clarify why seeking legal counsel is vital to protect your future.
Why a DUI Record Is a Serious Concern
A DUI conviction in Canada results in a criminal record, which can have severe consequences on various aspects of your life. A criminal record can hinder your ability to secure employment, as many employers conduct background checks. It can also restrict your travel, particularly to countries such as the United States, and affect your ability to obtain housing, as landlords may perform background checks.
Moreover, it can have a negative impact on your reputation and personal relationships. Knowing how long a DUI remains on your record, and what steps you can take to remove it, is essential to mitigating these negative impacts.
The Indefinite Nature of a DUI on Your Criminal Record
In Canada, a DUI conviction remains on your criminal record indefinitely unless you take specific steps to have it removed.
This means the conviction will stay on your record for life unless you apply for a record suspension, previously known as a pardon. It’s crucial to understand that a DUI conviction will appear on your criminal record immediately after sentencing, and this record is accessible to law enforcement, potential employers, and border officials.
Additionally, a DUI conviction will also appear on your driving record, which is maintained by your provincial licensing authority. In BC the DUI will appear on your driving record forever and on your abstract for five years. A pardon or record suspension does not remove a DUI from your driving record.
Understanding Record Suspensions
A record suspension doesn’t erase your criminal record entirely but removes it from the Canadian Police Information Centre (CPIC) database. This means that in most cases, your conviction won’t appear on standard background checks. However, it is important to note that law enforcement and certain government agencies may still be able to access your record.
To be eligible for a record suspension, you must complete your sentence, including all fines, probation, and any jail time, and wait a specified period. This waiting period is 5 years for summary convictions and 10 years for indictable offences. As DUIs are considered hybrid offences, the waiting period depends on how your charge was prosecuted.
The Process of Removing a DUI from Your Record
To remove a DUI from your criminal record, you’ll need to apply for a record suspension. This involves several steps, starting with ensuring you’ve completed your sentence and waited the required period. Then you must submit an application to the Parole Board of Canada with supporting documents and a processing fee. The application process can be complex, and consulting with a lawyer can significantly increase your chances of a successful application.
Why a Lawyer Can Help Your Case
A DUI conviction can have lasting repercussions, but a skilled lawyer can help you minimise the impact. They can challenge the evidence against you, potentially having the charges dismissed or reduced. If you are convicted, a lawyer can guide you through the record suspension process to help clear your record. Additionally, a lawyer can provide advice on how to handle the consequences of a DUI conviction, such as travel restrictions.
What To Do If You’re Charged With a DUI
If you are facing a DUI charge, it is essential to act immediately. Contact a lawyer as soon as possible to discuss your case. It is crucial to stay silent and avoid discussing your case with anyone other than your lawyer. Be sure to document everything about the arrest, including the time, location and interactions with law enforcement.
A DUI conviction can remain on your record indefinitely, but with proper legal help, you can fight the charges or take steps to clear your record.
Do not wait to contact a lawyer today to protect your future.
