I was arrested in California for DUI January 30, 2008 but I was not convicted until December 16, 2010. I understand that this conviction will remain on my DMV record for ten years. I'm just not sure from which date.
Criminal Defense Attorney
I agree that the priorability is for 10 years based on the date of the arrest; however, the DMV will show it for 10 years on the driver record from date of conviction.
DUI / DWI Attorney
These convictions are priorable from the date of the arrest, not the conviction. It is from the arrest date of one to the arrest date of the next.
DUI / DWI Attorney
There's a difference between the public record and you're full driving
record a DUI is prior Bowl for 10 years from the date of the offense not
the date of the conviction. Your probation for DUI starts on the day of
conviction and generally runs three to five years during that time it will
be on your DMV record because she will have a zero-tolerance join that
probation and driving with any measurable alcohol level 0.01 or greater
would be a violation get new charges and another license suspension.
Administrative Law Lawyer
The record of conviction is permanent as reported on the California Dept of Justice record (Live Scan criminal history).
Priorability and probationary terms have nothing to do with the fact that the record of conviction is a criminal conviction record and it does not go away. I could show you several dozen client Live Scan on my desk at this moment if there were any real grounds for dispute on this point.
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Ms. McCall is correct. The answer to the question "How long will it remain on my DMV record?" is for all intents and purposes = forever. While there may be instances far, far off in the distant future (10 years and beyond from the date of conviction) where it may not turn up in the DMV record, it will almost always turn up on some other government record.
My other colleagues are also correct - the use of the 2008 offense as a "priorable offense" should you unfortunately find yourself with another DUI charge expires 10 years after the date of the offense. (In this instance, January 20, 2018.) Mind you, if the legislature changes the prior law(s), then the window of use could grow longer or shorter.
But - the direct answer to your question is: The prior will remain on your DMV record for the next ten years, at least until December 16, 2020, and most likely for several years beyond that date. The prior will also undoubtedly appear on other government records for well beyond the 2020 date and quite likely forever.
Sorry, but that's the way it is. Data storage is getting cheaper and easier every day. So, unless the government creates a way to purge records (unlikely), your prior will be findable forever.