How Long Does a DUI Stay on My Record?
The South Carolina Department of Public Safety (SCDPS) reports that around 20,000 DUI arrests are made statewide each year. Arrested and charged with a DUI? You may have questions about how long it will stay on your record. At the Law Office of Jonathan M. Harvey, we have extensive experience handling DUI cases. Within this article, our Columbia DUI defense lawyer explains how long a DUI will stay on your record in South Carolina.
Criminal Law in South Carolina: DUI Convictions Stay on Your Record Permanently
In South Carolina, a DUI conviction stays on your criminal record for life. There is no automatic expungement, sealing, or time-based removal. Under South Carolina Code § 17-22-950(A), expungement is only available for certain non-conviction outcomes or limited misdemeanors that carry a maximum penalty of 30 days. However, unfortunately, a DUI is not eligible for this relief. In other words, if you are convicted of drunk driving in South Carolina, that offense is going to remain on your record forever. It cannot be removed.
A DUI Will Stay on Your Driving Record for 10 Years (For Enhancement)
A conviction will also appear on your driving record for ten years, which affects insurance rates, license status, and eligibility for future DUI sentencing enhancements. The South Carolina Department of Motor Vehicles (SCDMV) uses the ten-year lookback period to determine whether a new charge qualifies as a “repeat offense.”
To be clear, a DUI is not “wiped away” on your driving record after this time has passed. Quite the contrary, after ten years, a prior DUI no longer enhances penalties for a subsequent arrest, but the record itself remains accessible to employers, licensing boards, and law enforcement. Still, there will no longer be a DUI enhancement applied to another arrest after ten years.
You May Qualify for Expungement if the DUI Charge Is Dismissed
While convictions cannot be expunged, dismissed, or acquitted, DUI charges may be removed from your criminal record. If the solicitor drops the case, or if you are found not guilty, you can petition for expungement under § 17-1-40. The process eliminates all public access to the record. However, expungement is not automatic: You must file a formal petition with the clerk of court. The best thing you can do is to keep a DUI off your permanent record by preventing a conviction. From there, our Columbia, SC DUI defense attorney can take action to help you get any related records fully expunged under the state’s legal process.
Get Help From a Top-Tier Columbia, SC DUI Defense Lawyer
At the Law Office of Jonathan M. Harvey, our South Carolina DUI defense attorney is standing by, ready to protect your rights when it matters most. Do you have any questions about a DUI case? Please do not hesitate to contact us for a fully confidential, no obligation consultation. We defend DUI charges in Columbia and throughout the broader South Carolina region.