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A common reason why people apply for a Record Suspension is because they have a DUI on their record. Many people don’t realize the seriousness of drinking and driving until it’s too late. Although the rate of impaired driving is decreasing in Canada, police still reported 72,000 incidents in 2015.The Parole Board of Canada’s 2015-16 statistics state that 3,180 people received Record Suspensions (pardons) for “driving with more than 80 mgs of alcohol in 100 ml of blood” within the reported year. The second highest number of pardoned offences was “driving while ability impaired.” This is the same as drinking and driving, although it may also involve impairment by drugs. When we factor in this charge, the number of Record Suspensions given for impaired driving or DUI in one year was 4,527.The bad news is that this is a lot of criminal records. The good news is that getting a Record Suspension for DUI is very possible and thousands of people do it every year.
How do you remove a DUI from your record?
If you have a DUI on your record, you may also want to have it removed. A DUI is a criminal offence that can hold you back in:
- Employment
- Education
- Volunteering
- Travelling Abroad
The first thing you need to do if you want to get rid of a DUI record is to stop drinking and driving. You must keep a clean record for a certain amount of time.A DUI is a hybrid offence. This means it could be tried as summary or indictable. This information will be found in your court documents. The waiting periods are:
- Summary: 5 years
- Indictable: 10 years
The second thing you need to do is make sure you have paid all your fines and completed the sentence. A sentence can include probation or community service. The waiting period does not start until this is done. Courts will not remind you to pay your fines. Follow up with your lawyer or the courts to understand your responsibilities. A license suspension or driving prohibition will not affect your waiting period. Even if you have a lifetime driving ban, you can still apply for a Record Suspension.Finally, to seal the record, you should apply for a Record Suspension. You can start this process six months before you are eligible because you will need to collect documents. Some of these documents, such as a Certified Criminal Record can take months to arrive.A Record Suspension can be revoked if you drink and drive again. However, the majority of people who apply are committed to making a change. Only three to five per cent of Record Suspensions in Canada are revoked for issues such as re-offending.
Travelling to the United States with a DUI
Generally the United States will not bar an individual based on a DUI charge. However, there could be exceptions. Multiple DUIs may suggest a health issue (i.e. alcohol addiction) that could cause you to be banned. If this is the case, you may need a medical exam to enter.
What a Record Suspension can’t do
There are some possible impacts of a DUI charge that a Record Suspension can’t help you with:
- Provincial charges: Driving impaired is a federal offence, but most provinces also have their own laws. You cannot get a Record Suspension for a provincial offence. However, provincial offences will not usually show up on a background check.
- License Suspensions: A Record Suspension will not help you get your licence back. It will also not end a driving prohibition.
- Insurance: A Record Suspension will not erase the offence from your driving record. It usually takes about three years for an insurance company to lower your rate after a DUI. However, this can vary based on the seriousness of the incident and the province where your car is registered.
If you are ready to seal your DUI conviction, contact us today to get started at 1-866-972-7366.
