We’ve all made mistakes in the past, but if we learn from them and work to prevent them in the future, it seems unfair that a mistake made in our youth should continue to cause problems for us much later in life. But for many people convicted of DUI in Minnesota, they often have to deal with the consequences of their conviction long after their debt to society has been paid. In today’s blog, we take a closer look at how long a DUI stays on your record in Minnesota, and we explain what you should do if you find yourself facing DUI charges.
Will A DUI Stay On My Record Forever?
A lot of crimes are eventually removed from your record. Heck, even bankruptcy falls off your credit report after 10 years as a way to help responsible individuals build their credit back up, but that’s not the case with DUIs in Minnesota. Despite your best efforts, a DUI will remain on you criminal record in Minnesota for the rest of your life.
So while a DUI may remain on your record for the rest of your life, the root issue is how long will a DUI impact your life. A DUI when you were 22 years old likely won’t prevent you from getting an apartment when you’re 55 years old, but there is a time limit for which a DUI can absolutely impact your life. Under Minnesota law, a first offense DUI remains relevant on your criminal record for 10 years. If you are arrested for DUI within 10 years of your conviction, you’ll automatically face upgraded charges and higher potential penalties, as it will be classified as a second or subsequent offense.
If you are arrested again for DUI, but it’s been longer than 10 years since your first arrest, the second arrest will likely be handled as a first offense misdemeanor offense, unless other factors like the presence of minors in the vehicle or a BAC above 0.16 are present. So for most people, a DUI conviction only really affects them for 10 years following the incident because after that, another arrest will be treated as a first offense.
What To Do If You’re Charged With DUI
If you’ve been charged with a DUI, your best bet is to contest the charge in court to avoid having a DUI conviction over your head for the next 10 years. Consider setting up a free case review with Avery and the team at Appelman Law Firm to talk about your legal options and make the best decision for how to handle your case.
If you’ve already been convicted of DUI, we can also help petition the court to have the DUI expunged from your record. If your DUI was a misdemeanor or gross misdemeanor, you can seek to have it expunged from your record. This means the court will still be able to view case details, but the public would not be able to see the conviction. In order to try and have your DUI expunged, the following factors must be present:
- The DUI is fully completed (meaning any sentences or probation is fully completed, and all fines are paid).
- Diversion programs are completed.
- No other crimes are committed for at least two years.
However, it’s not just about having the above factors present. You also need to petition to the court that having the conviction expunged outweighs the public benefit of keeping the conviction public knowledge. Without a lawyer by your side, this can be difficult to prove. We can help you make a strong case and get your conviction expunged. Contact our office today at (952) 224-2277 for more information.
