Many of the people misunderstand about how criminal histories work in Georgia. The problem, in the context of a Georgia DUI, is that we have enhancements in punishment based on the number of DUI convictions a person has within a ten-year period. As a result, people falsely assume that somehow a DUI case age off a person's record after ten years.
A DUI arrest is no different from any other criminal arrest. When a person is arrested, their criminal record in notated as such. Once the case is resolved, the outcome of the case is notated on the "disposition" line in the criminal history. That disposition is there forever, and could only be removed if a case qualified for record restriction, and in Georgia, DUI is not eligible for record restriction unless a person is acquitted of the charge or the prosecutor dismisses the case.
As a result, a DUI will stay on a person's criminal record indefinitely. That is why it is so important to hire the best Georgia DUI Lawyer while the case is pending. With help, you can get the best possible outcome in the case. No matter the outcome, it cannot be changed later on. That is why it is important to take the case seriously while it is still pending.
Practice Note:
Driver's histories work differently than criminal records. This is important for clients who drive for a living, such as professional CDL drivers and people who drive a company vehicle.
As a result, nothing will be noted on a Georgia MVR until the outcome of the case. In the event of a reduction to reckless driving, a person's motor vehicle record will only show the reduced charge. This is another reason why having help can make a real difference.
Finally, even though the police, prosecutors, and judges can see a defendant's entire driver's history, private parties and business can only see the last seven years. As a result, the issue as to how long a DUI stays on a record can be a complicated question depending on what record is being checked and by whom.
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