How long until a disposition shows up on my record for a DUI? 14 Answers as of December 01, 2011

I was arrested for a DUI, but the cops decided not to suspend my license and it was given to me after spending a night in jail. Two weeks later, I received a letter from the district attorney stating that they were not going forward with prosecution "at this time" and that I didn't have to attend my court date. Can they decide to give me another court date? How long until my record will show a disposition? It still just shows up as a DUI arrest.

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Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Yes, the DA still may file charges. They have up to a year after your arrest to do so. An arrest should not be on your record.
Answer Applies to: California
Replied: 12/1/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
The DUI arrest will never go away unless you can be successful in a motion for factual innocence (these are not easy to get) The DA will have up to 1 year to file charges.
Answer Applies to: California
Replied: 11/30/2011
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
They could give you a new court date but it sounds like they do not want to file charges against you. The arrest will show up on your record until it is expunged. You can attempt to expunge your arrest by filing a motion of factual innocence. This is a very hard motion to win though.
Answer Applies to: California
Replied: 11/30/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
For a misdemeanor the prosecution has one year to file charges. It is not uncommon for a DUI to be move to a latter court date that you were told by the police. The DUI will not show up on your record until you are convicted of the DUI. However, the criminal court and the DMV are not the same. The DMV can on its own suspend your license without a conviction in criminal court. To have a chance of the DMV not suspending your license you need to request a DMV hearing within ten days of the alleged violation. This hearing may be with your attorney and may be over the phone.
Answer Applies to: California
Replied: 11/29/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
They have 1 year to file a charge, but on DUI cases they rarely do if they don't right away. The key is are they still investigating? As to your arrest record, it will not show up on your DMV record, but it will be on your criminal record forever unless you can convince the arresting agency or the judge that there is no probable cause to believe that you committed a DUI. That needs to be done by letter to the arresting agency and if they say no, by a motion in court. Better hire an attorney for that if it's important to you.
Answer Applies to: California
Replied: 11/29/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
The prosecutor has 1 year from the date of arrest to file misdemeanor charges. The disposition would show up if there ends up being a conviction.
Answer Applies to: California
Replied: 11/29/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
In THEORY they have one year go charge you for a misdemeanor but it is rare that they dump it and then later charge. They look at the test. Either you were over the legal limit or you were not. Unfortunately when they do not file nothing shows up in your record other than the arrest - no disposition. Let the year run and then you or your lawyer should ask the DA to file a statement with the DOJ that the case was never charged because of insufficient evidence. Then the DA needs to send that to the DOJ in Sacto to clean up your record.
Answer Applies to: California
Replied: 11/29/2011
Law Office of David Baum
Law Office of David Baum | David M. Baum
Misdemeanor charges can be filed up to one year from the date of the alleged violation. The arrest will remain on your record. It will take several weeks for your records to be updated to show the decision by the DA to not file the case.
Answer Applies to: California
Replied: 11/29/2011
Rizio & Nelson
Rizio & Nelson | John W. Bussman
It will always show up as a DUI arrest. The fact is that you were arrested on suspicion of a DUI and no charges were ever filed. Each county maintains their own websites to make that information public and they're all different.
Answer Applies to: California
Replied: 11/29/2011
Law Offices of Paula Drake
Law Offices of Paula Drake | Paula Drake
They have a year to file the misdemeanor. They will probably notify you by mail if they decide to file. Maybe they do not have enough evidence or have a problem with what evidence they do have.
Answer Applies to: California
Replied: 11/29/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    It will remain on your record as an arrest indefinitely. They have up to a year to file misdemeanor charges against you. Assuming they decided not to charge you and you're interested in getting even the record of arrest off your record, you will want to consult a local criminal defense attorney about filing a petition for factual innocence. If granted, it will seal, then destroy the record of your arrest and wipe the entry from the DOJ records and thus your criminal history.
    Answer Applies to: California
    Replied: 11/28/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    A first offense DUI, without injury, is typically charged as a misdemeanor. The District Attorney has up to a year to file charges on a misdemeanor.
    Answer Applies to: California
    Replied: 11/28/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Sometime after the arraignment, there could be a final disposition. At that time, it becomes part of your criminal record as a conviction is then reported to the DMV.
    Answer Applies to: California
    Replied: 11/28/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If no charges are filed, nothing will show on your criminal record, so there is no disposition. You have only 10 days to request a hearing from the DMV. If you don't, your license will be suspended and a DUI will show up on your "driving" record (which is not your criminal record don't confuse the two).
    Answer Applies to: California
    Replied: 11/28/2011
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