If a DUI IS dismissed will the arrest/charge show up in criminal background checks for employment and will it still be on my driving record and affect my insurance?
Uncontested Divorce Attorney
It will not appear on your driving record. It should not show up on your criminal background check for employment since they can only show convictions. It will show up on your arrest record though, and that is information usually only available to the police and the courts. If you were found truly not guilty of the charge, you can have the arrest expunged from the record.
Your Virginia driving record only shows convictions. Arrests are not reflected on a Virginia driving record. However, following your arrest for a Virginia DUI, you probably endured an automatic Administrative License Suspension (ALS) and this ALS would have been reported to the Virginia DMV and will appear on your Virginia driving record. This is important because of the connection between the ALS and an arrest for a Virginia DUI. Pursuant to section 46.2-391.4 of the Code of Virginia, the dismissal of the Virginia DUI charge should result in the recissioni of the ALS - and removal of it from your Virginia driving record. However, I recommend you get a copy of your Virginia driving record to see if the ALS has been removed, and if it has not, you should follow up with the Virginia DMV to make sure it gets removed.
As far as whether or not the arrest will show up on "background checks", the most accurate answer is that it depends on how extensive the background check is. At a minimum, unless/until you pursue an expungement, police and court records relating to the arrest and prosecution will continue to exist.
Along these same lines, when answering questions about your criminal history in applying for school, employment, etc., pay attention to the specific questions asked. If you are asked about "convictions" then you need not mention this incident since the charge was dismissed. However, if the question concerns "arrests", then you must include this incident in your answer. Being granted an expungement may relieve you of the obligation to mention this incident, even if the question addresses "arrests."
Whether or not the arrest will impact your insurance is a question for your insurance carrier. Since you are saying the charge was dismissed, it would surprise me to learn that it had a negative impact on your insurance.
T. Kevin Wilson, Esq.
The Wilson Law Firm
DUI & Criminal Defense...When Results Matter
9300 Grant Avenue
Manassas, Virginia 20110