Will a DUI charge be erased if I hire an attorney? 63 Answers as of July 04, 2013

If I hire an attorney and he successfully shows that I was not intoxicated while driving, that I was below the .08 limit- will anything show up on my record?

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Law Office of Cotter C. Conway
Law Office of Cotter C. Conway | Cotter C. Conway
The arrest may still show up on your record even where the result of the case is an acquittal or a dismissal of the charge. The only way to be sure that your record is cleared of the DUI charge will to follow up the defense of the charge with a sealing of the record of the arrest.
Answer Applies to: Nevada
Replied: 7/15/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
If your attorney gets the case dismissed then there will be no record of conviction but there may be a record stating that you were arrested but the case was dismissed. Also if the case goes to trial and you are not proven guilty there will be a record of arrest trial and acquittal . In either case yo will have no criminal record even though arrested because there is no conviction.
Answer Applies to: New York
Replied: 7/19/2011
Law Office of Rodney Nosratabadi
Law Office of Rodney Nosratabadi | Rodney Nosratabadi
Unless you are acquitted of the charges and a motion for factual innocence is granted by the court, the arrest and/or conviction will appear on your record.
Answer Applies to: California
Replied: 7/12/2011
Law Office of Andrew Subin
Law Office of Andrew Subin | Andrew Subin
Driving with a BAC of under .08 is still a crime: negligent driving in the first degree (driving after drinking ANY alcohol). You should be able to get the DUI reduced to negligent driving.
Answer Applies to: Washington
Replied: 7/12/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
If you retain a lawyer and he can convince the DA to drop the charges then YES, you will not have a criminal record for DUI. However, you still have the issue with the DMV and demanding a hearing within ten days of your arrest. Definitely speak to a DUI defense attorney to help you.
Answer Applies to: California
Replied: 7/12/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    If you have a valid defense to a DUI charge based upon your BAC being below the legal limit at the time of driving, then hiring the right DUI attorney is the first step toward avoiding a DUI conviction. In that sense, then yes, the right DUI attorney can keep the DUI off your record. Basically, whatever the best result for your case may be, a great DUI attorney will get that result for you. I hope this answer was helpful.
    Answer Applies to: California
    Replied: 7/12/2011
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    Short of having your court record expunged by a special court motion, your court record will show a filing of a criminal misdemeanor complaint for DUI and Dismissal of the case. However, your DMV record will still show a license suspension, in spite of the court record, if your license was suspended for a DUI. Your DUI and License suspension stays on your DMV Record for 10 years. You must request a DMV License Suspension Hearing within 10 days of your arrest. If you failed to request this hearing timely, then your license will be automatically suspended for 4 months. if this is your FIRST DUI. It is recommended that you immediately consult with an experienced DUI & Criminal Defense Attorney without any further delay.
    Answer Applies to: California
    Replied: 7/11/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    If your attorney is able to prove (this seems difficult) that you were in fact below the legal limit for driving or in any other way wins an acquittal on your behalf, then the charges against you should be dismissed and erased. Additionally, if you are in some way convicted or accept a plea deal, it may be possible for an attorney to file an expungement to have your record cleared after the fact.
    Answer Applies to: Louisiana
    Replied: 7/11/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If you are acquitted or the case is dismissed the answer is NO.
    Answer Applies to: Michigan
    Replied: 7/4/2013
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    IF you and you attorney are able to prove that you were not driving under the influence of alcohol, then you will be able to have the DUI charge removed from your record. You will likely have to get the charge completely dismissed, rather than amended to a lesser charge. Otherwise, DUIs are always on your record as they are never expungeable.
    Answer Applies to: Kentucky
    Replied: 7/8/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    What you have described is a trial where you are found not guilty. If a trial is held, and your attorney successfully proves you are not guilty, then nothing will show on your record.
    Answer Applies to: Kansas
    Replied: 7/7/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    If after winning a DWI trial you have a right to annul the arrest and have the matter taken off of your record. The arrest can not be used against you if you win, but would still appear on your record and may cause an officer who stops you to put you through the paces more carefully. The important thing is to win the DWI, and the best way to do that is to hire the best DWI lawyer you can find in the area you were arrested. Good luck.
    Answer Applies to: New Hampshire
    Replied: 7/7/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    A DUI charge will not automatically be erased if you hire an attorney but I believe an attorney skilled in representing people charged with DUI can present the best case possible based on the evidence and you should strongly considerate it.
    Answer Applies to: District of Columbia
    Replied: 7/7/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Hello- Records are based upon arrests or police contacts. If you are acquitted, the the task is to be sure the Colorado Bureau of Investigation obtains a certified copy of the acquittal and your record by them will be cleared. Also, if acquitted, you should "seal" your arrest record to prevent other entities from getting access to your arrest or detention by the officer.
    Answer Applies to: Colorado
    Replied: 7/7/2011
    Law Office of John E. Gutbezahl LLC
    Law Office of John E. Gutbezahl LLC | John E Gutbezahl
    Thank you for your inquiry. Hiring an attorney will not erase a DUI. No attorney can ethically promise any type of result in a case. However if you are found not guilty at trial or the case is dismissed (other than via diversion) then you are eligible to have your record expunged providing that certain other criteria is met. A breath test result of less than .08 is usually a very winnable case.
    Answer Applies to: Oregon
    Replied: 7/7/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Yes, I would recommend retaining an attorney or requesting that the court appoint you an attorney to assist you with this matter. Most attorneys provide free initial consultations. It is certainly worth a few phone calls. DUI cases can be very complicated and often hinge on the admissibility of potential evidence in a trial. A properly trained and experienced attorney who handles these types of cases will know the correct time to file suppression motions and take other steps that might inhibit the prosecutor's ability to proceed with their case. The burden of proof is on the prosecutor. If they do not have enough evidence, the prosecutor may be forced to dismiss the case early or a jury might acquit the defendant at trial. Further, if a person is interested in potential plea bargain, they may get a better offer if there is less evidence is available for the prosecutor. There is never any guarantees with legal representation. Everyone's particular circumstances are very different. However, the right council, and more importantly, the right lawyer for your particular personality and unique needs, may make a significant impact on the potential outcome of a potential case. As for your last inquiry about ".08," in Michigan, the term "legal limit" is a bit of misnomer. The "legal limit" is the accepted boundary between when a person is initially charged with "operating a motor vehicle while intoxicated" as opposed to the lesser offense, "operating a motor vehicle while impaired." A person allegedly operating a motor vehicle could still potentially be convicted of "operating while impaired," even if their blood alcohol level is below the "legal limit," and that level of intoxication impaired their ability to drive. Even if a person's blood alcohol is allegedly above the "legal limit," they may, in certain instances, receive plea bargain offers to a less charge. It all depends on a person's unique factual circumstances. I would recommend that you consult with an attorney to assist you with this matter. There are no guarantees in litigation. It's unethical for an attorney to guarantee results. However, a small investment in a good attorney that you trust is well worth the time and money. Most attorneys provide free initial consultations.
    Answer Applies to: Michigan
    Replied: 7/7/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Once you are arraigned it will show up on your record. However, if you win the case it will show that you were not guilty of the offense. You definitely should consult with an attorney. It sounds like you have a very good defense. Make sure you hire an attorney that knows how to assert it.
    Answer Applies to: Massachusetts
    Replied: 7/7/2011
    Law Office of Craig E. Gibbs
    Law Office of Craig E. Gibbs | Craig Gibbs
    Not after you expunge the charge.
    Answer Applies to: Louisiana
    Replied: 7/4/2013
    The Sarbaugh Law Firm
    The Sarbaugh Law Firm | Bruce W. Sarbaugh
    Defending a DUI charge involves some complicated scientific analysis and complex legal issues. Because of this, it is always a good idea to consult with an attorney who is familiar with and understands both the Colorado law and the scientific principles behind a DUI case. Even if your blood alcohol level is below .08, there is still the chance that you could be convicted of Driving While Ability Impaired (DWAI) depending on the circumstances of your case. I would definitely contact a DUI attorney as soon as possible.
    Answer Applies to: Colorado
    Replied: 7/7/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    If it is a given that the jury did not find you over 0.08, and that they did not find you were impaired while driving, then they should find you not guilty of drunk driving. In that case, provided you did not have a criminal record to begin, you will continue to have a clean criminal record. However, you will still have an arrest record.
    Answer Applies to: California
    Replied: 7/7/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your summary says you were below the .08 limit. Anything under a .02 is presumed to be sober. Anything between .02 and .05 is presumed to be impaired, and over .08 is presumed to be intoxicated. If you retain an attorney he maybe able to win the case at trial or you may be convicted of the lower violation of Driving While Impaired, 1192-1, which is a traffic violation, not a crime. That would not technically be a criminal record, but it is a record for a serious violation that can effect your employment, insurance, or even renting an apartment.
    Answer Applies to: New York
    Replied: 7/7/2011
    The Lee Law Firm
    The Lee Law Firm | Kenneth Parks Gober
    The charge may be cleared from your record, but there are a lot of "hoops" for your lawyer to jump through. Regardless, you need to consult with a local criminal defense lawyer ASAP. If you are in the Austin / Central Texas area call me for a free consultation - 512-827-7548 (I am an experienced criminal defense lawyer and have fought for and won several dismissals of these types of cases).
    Answer Applies to: Texas
    Replied: 7/7/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    A conviction for DUI is never erased. A DUI will not appear on your record if the case is dismissed after a trial, or there is a plea agreement to a non-drinking case. In your situation, it may be able to get an offense reduced to a non-drinking offense. For consideration of a plea to a non-drinking offense, you will be best served by an attorney who is very experienced in this sort of case and with getting cases considered for a reduced plea to non-drinking offenses. For example, I was previously an assistant prosecuting attorney for the City of Sterling Heights. This experience and the relationships which developed from this experience and my defense of many individuals charged with DUI (Operating While Intoxicated) both at trial and in the Court of Appeals, gives me a working knowledge of DUI cases and the personalities involved in seeking a plea that is not ordinary. Similarly, my office has another former assistant city attorney, a former Police Officer, and others who have experience and relationships which can assist in the consideration of a plea to a non-drinking offense. While these are not guarantees, they are of great assistance. When it comes to trial, your case needs to be evaluated to determine whether there are trial issues which can result in a dismissal or, alternatively, to a conviction for a non-drinking offense. The facts and circumstances of your case are critical to this determination, so a meeting to explore the details of your case is necessary. As with any of these options, there are attorney fees in accord with the work that is performed. An ordinary fee for a simple plea in a first offense DUI may be in the range of $950 to $2,000. However, when exploring options such as a plea to a non-drinking offense or a trial, the attorney fees are considerably higher, based on the considerable amount of work that is needed. Compared to the benefit of not having a drinking conviction, these costs can be justified. You will need to discuss this with the attorney you retain. I hope that this was helpful. Should you need an appointment, you should contact my office at your earliest convenience.
    Answer Applies to: Michigan
    Replied: 7/7/2011
    Law Office of Sean Patrick Walsh
    Law Office of Sean Patrick Walsh | Sean Patrick Walsh
    In the State of Idaho, if you are acquitted of the charge then you can have the court record and the police record deleted. This is a complicated process that really does require the services of an attorney to ensure that it is done correctly. If the charge is dismissed or reduced prior to trial, the court records will show that the charge was ultimately reduced or dismissed and the police records will still show the arrest and later reduction or dismissal.
    Answer Applies to: Idaho
    Replied: 7/7/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    If you are found not guilty, the not guilty finding would appear on your record unless you apply to have that finding sealed (the result would then be visible to law enforcement, DMV, but not the public).
    Answer Applies to: Colorado
    Replied: 7/7/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    No attorney can guarantee an outcome and you can still be convicted of DUI whether or not your BAC was below .08. The .08 is only the per se legal limit; in other words you can be displaying no signs of intoxication and be driving perfectly fine but if your BAC is .08 or higher you are still DWI. Contrast, if you BAC is LOWER than .08 it DOES NOT mean you were not intoxicated, just that the state has to prove that your driving was impaired to the point that you were NONETHELESS intoxicated. You need an attorney such as our firm that specializes on DWI defense. Give is a call toll free for a further no cost consultation to discuss retaining our services.
    Answer Applies to: New York
    Replied: 7/7/2011
    Bristol & Dubiel LLP
    Bristol & Dubiel LLP | Murray L. Bristol
    A DWI or DUI offense that is dismissed or if you are found not guilty will show on your record until you file an expungement erasing the record.
    Answer Applies to: Texas
    Replied: 7/7/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    The simple answer to your question is that if you prevail at trial there will be no record of a conviction but there may still be a record of an arrest.
    Answer Applies to: Michigan
    Replied: 7/7/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    There will always be a record of your arrest accessible to the police and the district attorney. But, there will be no conviction. So, you won't have a criminal record.
    Answer Applies to: New York
    Replied: 7/7/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    The arrest would still show up. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
    Answer Applies to: Alabama
    Replied: 7/4/2013
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    You cannot expunge a DUI ever in the state of Michigan. That is one reason why it is so important to unturn every stone before making decisions on resolving your case.
    Answer Applies to: Michigan
    Replied: 7/7/2011
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    Even if you go to trial and win your DUI or have it dismissed, there will still be a court file, a police file and the possibility of the listing of your arrest with the Illinois State Police and the Federal Bureau of Investigation. These records should, however, be expugnable. If you had a summary suspension along with the DUI, unless it was rescinded, it will appear on your Driver's Abstract.
    Answer Applies to: Illinois
    Replied: 7/7/2011
    The Law Office of Rosanne Faul
    The Law Office of Rosanne Faul | Rosanne Faul
    That is difficult to answer. If the case is completely dismissed the arrest will show on your record unless you are found to be factually innocent. If the case is reduced, the arrest and reduced charge will show on your record. If you are below a .08, you definitely need to hire an attorney to increase your chances of success.
    Answer Applies to: California
    Replied: 7/7/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If you are acquitted of the charge, your attorney should then file a motion with the court to have both your arrest card and finger prints expunged. If the court grants such an order, it would be served on the agency who arrested you and the Michigan State Police.
    Answer Applies to: Michigan
    Replied: 7/7/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    There will not be a conviction, however the most complete search, known as the NCIC report, may still show the arrest.
    Answer Applies to: Pennsylvania
    Replied: 7/4/2013
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If all charges get dismissed or a not guilty verdict found, you will not have a conviction on your record based on these charges. It would still show up on your record that you were arrested though. Keep in mind that having an arrest record is not as detrimental as a conviction record.
    Answer Applies to: California
    Replied: 7/7/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    To Whom It May Concern: Hiring an Attorney, even an experienced, local Attorney, who personally (I said 'personally'... are you paying attention) appears on your case, is not a guarantee that your case will be dismissed. On the other hand, if you hire such an Attorney, you stand a much better chance of something good shaking loose from the generalconveyor belt of assembly-line convictions so common and institutionalized in the courts of most counties in California, and every other state. Though no small order in and of itself, certainly if your Attorney shows that you were not under the influence (CVC 23152(a)), and not driving with a blood alcohol percentage of 0.08% or greater (CVC 23152(b); i.e., grams of alcohol per 100 milliliters of blood or grams of alchol per 210 liters of breath), then your California Department of Justice (DOJ) rapsheet will show that you were arrested and that the charge was later dismissed. You would definitely wantto demand a finding pursuant to Penal Code section851.8, 'Finding of Factual Innocence'. You may petitition the DOJ to remove the entry from the record, which the 851.8 Motion would do.
    Answer Applies to: California
    Replied: 7/7/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    A good attorney will improve your chances of winning at trial. If you win at trial, it will be mostly removed from your record, although it will still be possible to determine that you were arrested. The record of arrest can be expunged and removed from your record, but that's a separate process.
    Answer Applies to: Oregon
    Replied: 7/7/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    If your lawyer can get the case dismissed then it can be expunged.
    Answer Applies to: Tennessee
    Replied: 7/4/2013
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    If you are not convicted, then only the arrest will appear on your record, no conviction will appear. The arrest will still be there. Stay well.
    Answer Applies to: Alabama
    Replied: 7/7/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    ?? Erased?? No. You have an arrest record. Records are forever. If you are convicted of the crime or plea bargain to any other charges, you will have a conviction record as well. Records are forever. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 7/7/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    If you are acquitted or the charge is dropped, the arrest will still show up on your record until you take the additional step of expunging the record. There are many criminal defense attorneys who handle this and I suggest you consult with one. Good luck.
    Answer Applies to: Florida
    Replied: 7/7/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    Your driving record and your criminal history will still indicate that you were charged with DUI, but that it was later dismissed.
    Answer Applies to: Washington
    Replied: 7/7/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Were you charged with DUI or DWI? In Texas, DUI is a charge for those under 21 who are driving under the influence. It does not require that the person have any certain level of alcohol; it is strict liability - NO alcohol (no tolerance) for those under 21 who are driving. DWI is driving while intoxicated which is defined by loss of the normal use of your mental and / or physical faculties by the reason of the introduction of alcohol, drugs, or a combination into your system. If one blows .08 or higher then there is a presumption of intoxication (if the jury finds that the intoxilizer was working properly.) If one blows under .08, then there are all kinds of questions that come into play - can the State show that at the time of driving (versus the time of the test) that the results would have been higher? Were there drugs involved that could have been interacting the with alcohol? There are State experts who will testify that with a.03 alcohol alone a person is intoxicated (which is not the law but . . .) So, you need to get a lawyer to look at the case. You need one ASAP because they may use the administrative license revocation hearing for discovery (and you must request the hearing within 15 days of your arrest or your license will be automatically suspended on the 40th day after your arrest). If you are found not guilty, then all references to the DWI on your record and your driving record can be expunged. If the case is dismissed, then all references to the DWI other than your driving record, can be expunged.
    Answer Applies to: Texas
    Replied: 7/7/2011
    Collins Law Firm, P.A.
    Collins Law Firm, P.A. | John C. Collins
    Just for clarification, a DUI is a zero tolerance law targeting people under the age of 21 that are in actual physical control of a vehicle with a bac between .02-.07; a DWI is being in actual physical control of a motor vehicle with a bac of .08 or higher (or while intoxicated). A good dwi attorney can help but I would need more facts to fully answer your question. If you are found not guilty it we not go on your record.
    Answer Applies to: Arkansas
    Replied: 7/7/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Only convictions appear on your public record. The judicial system and law enforcement will have access to charges that were dropped or dismissed, but that's it. And only they can access such information under limited conditions. So, if your DUI case gets dismissed, it will not appear on your public record.
    Answer Applies to: Michigan
    Replied: 7/7/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Unfortunately not. In the state of Washington, DWI is forever.
    Answer Applies to: Washington
    Replied: 7/4/2013
    Castleberry & Elison
    Castleberry & Elison | Peter Castleberry
    There are two ways you can get convicted of an alcohol related DUII at trial: (1) the prosecutor proves beyond a reasonable doubt that you were impaired to a noticeable and perceptible degree while you were driving; or (2) the prosecutor proves beyond a reasonable doubt that you had a blood alcohol level of .08 or above while your were driving. If the prosecutor can show the that your blood alcohol level was above .08, it doesn't matter whether you were *actually* impaired or not. That is why prosecutor's rely heavily on the results of your breath test, blood test, or urine test to show that you are guilty of DUII. If your Oregon DUI attorney convinces a jury that you were not impaired to a noticeable and perceptible degree while driving and that your blood alcohol level was below .08, the jury must find you "Not Guilty" and you will be acquitted of the charge. In Oregon, when you are acquitted after a jury trial, you can immediately file a motion to seal the record of your arrest (expungement) thus clearing your criminal record.
    Answer Applies to: Oregon
    Replied: 7/7/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    If you decide to fight a DUI case and win then your case will still be on your record until you have it expunged. Usually that is a separate fee. If you enter into an ARD program (assuming this is your first offense and you are otherwise eligible) and successfully complete the program, then your record will be expunged.
    Answer Applies to: Pennsylvania
    Replied: 7/7/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Not if the DUI is dismissed (erased is not the correct term).
    Answer Applies to: California
    Replied: 7/7/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    An arrest will almost always remain on your criminal recordand an action on your driving recordeven if you are acquitted at trial and beat the DMV. It is next to impossible to remove it. However, without a conviction, or a loss at the DMV hearing, there shouldn't be any consequences either to your driving record or criminal record. While there are numerous exceptions, such as for government and law enforcement jobs, the fact of an arrest need not be disclosed or used against you when seeking employment.
    Answer Applies to: California
    Replied: 7/7/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    If you were arrested and charged, that will show up on your record. If you are found not guilty or the case is dismissed, it will still remain on your record, just with the notation of the outcome of the case - acquitted or dismissed. The only way to get something "erased" is if a judge grants a petition for factual innocence under Penal Code section 851.8. It is your burden to show that you are factually innocent and that no cause for your arrest exists. An arrest that does not lead to a conviction cannot be used against you in *most* background checks and cannot be asked about by employers. There are some exceptions - professional licenses, etc. See California Labor Code section 432.7. If you get your license suspended by the DMV because of your arrest and if you lose your DMV hearing, that will stay on your DMV record for 10 years. Discuss all this face to face with your attorney.
    Answer Applies to: California
    Replied: 7/7/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    If your case is dismissed or you are found not guilty your record will be clean.
    Answer Applies to: Connecticut
    Replied: 7/7/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    What were the details of your case?
    Answer Applies to: Michigan
    Replied: 7/4/2013
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    In Hawaii, if your DUI attorney is successful in either getting the charges dismissed or having you found not guilty, you will not have a criminal conviction. You will still have an arrest. However, that same DUI attorney should be able to help you get that arrest expunged in those circumstances.
    Answer Applies to: Hawaii
    Replied: 7/7/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    An arrest will show up, and a dismissal or acquittal will show up.
    Answer Applies to: California
    Replied: 7/7/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    A charge of driving under the influence will show on your record but a dismissal will show along with it. This means that you can say you've never been convicted of a DUI but you cannot say that you have never been arrested for DUI. Most employment, and other, applications ask whether you have been convicted of a crime; not arrested.
    Answer Applies to: California
    Replied: 7/7/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    If you can show that you were not intoxicated there will be nothing on your record.
    Answer Applies to: New Jersey
    Replied: 7/7/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    You would still have a violation and it would show if you got arrested again.
    Answer Applies to: New York
    Replied: 7/7/2011
    Leyba Defense, PLLC
    Leyba Defense, PLLC | Matthew Leyba
    Yes if you decide to hire an attorney and they are able to show you were not guilty of the DUI then you will not have a conviction on your record. The other way you can get a DUI charge dismissed is through negotiation with the Prosecutor. An an experienced DUI Attorney will better be able to represent you and increase your chances of beating this charge.
    Answer Applies to: Washington
    Replied: 7/7/2011
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