Your criminal history can have a significant impact in that it affects your ability to get a job, a loan, a security check, and many other relevant things. Once a person is arrested or convicted of a crime, criminal records are recorded and typically remain on your record in perpetuity. A criminal record is made up of two parts, the first part is the arrest record and the second part is the conviction record. A conviction record is created when a defendant pleads guilty or is found guilty by a jury at trial.
The arrest record remains even if your case is dismissed. However, an arrest record and a conviction record can be expunged from the public record by an expungement order. To obtain an Expungement Order, a Criminal Records Expungement Request must be filed. It consists of various forms and attachments, including record information and court recordings of the proceedings, called minutes.
Because DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) is considered a criminal offense, an arrest or conviction for DUI/DWI remains on a person’s record indefinitely unless the record is expunged. Cancellation is not a complete eradication of the arrest/conviction; however, the record of a DUI/DWI conviction will remain on the police record and will not be expunged, even if a expungement order is obtained. The Expungement Order serves to hide criminal records from public view.
Obtaining a expungement order is not an easy process nor is it easily granted. It is not uncommon for the Order to be signed a year or more after the initial application was filed. The cost of a Petition for Expungement is high, around $600 or more, plus attorneys’ fees, and it can be denied if an agency decides not to grant the expungement.
For the purposes of enhancement, in Louisiana any subsequent DUI/DWI is enhanced to increase penalties. For example, a second DUI/DWI offense is still a misdemeanor, but requires statutorily mandated jail time, plus the fine increases significantly. A third offense DUI/DWI conviction is a felony and carries a mandatory prison sentence of up to 20 years plus a much larger fine.
After 10 years from the first conviction, even if the record remains, a DUI/DWI conviction will again be prosecuted as a first offense.