How Long Does a DUI Stay on Your Record in South Carolina?

If you’ve been convicted of a DUI in South Carolina, you’re probably concerned about how long this mistake will follow you. Will it show up on background checks when you apply for jobs? Could it affect your housing applications or professional licenses?

The answer is, a DUI can stay on your record for a long time, and yes, it will likely show up on a background check. But the specific length of time and the impact it will have depend on a variety of factors.

Criminal vs. Driving Record in South Carolina

In South Carolina, a DUI conviction will appear on both your criminal and driving record.

Your criminal record includes all criminal convictions, including misdemeanors and felonies. A DUI first offense is typically a misdemeanor in South Carolina, while subsequent offenses can be felonies.

Your driving record, on the other hand, is maintained by the South Carolina Department of Motor Vehicles (DMV) and includes traffic violations, accidents, and DUI convictions.

How Long Does a DUI Stay on Your Criminal Record?

In South Carolina, a DUI conviction will stay on your criminal record forever. DUI convictions are not eligible for expungement under state law. However, if your DUI charge was dismissed or you were found not guilty, you may qualify to have the arrest expunged from your record.

It’s important to note that while a conviction cannot be removed, having no other criminal convictions or pending charges can positively impact other areas of your legal situation. If your case was dismissed or you were acquitted, you can petition the court for an expungement of the charge, allowing you to legally say that you were not convicted of a DUI.

How Long Does a DUI Stay on Your Driving Record?

A DUI conviction will stay on your South Carolina driving record for ten years. This is separate from your criminal record.

During this ten-year period, the DUI will be visible to anyone who pulls your driving record, including insurance companies and employers who require a clean driving history.

After ten years, the DUI conviction will no longer appear on your driving record. However, the DMV will still maintain a record of the conviction indefinitely.

DUIs and Background Checks

When you apply for a job, housing, or professional license, you may be subject to a background check. In most cases, this will include a check of your criminal record, and a conviction will likely show up on these background checks.

Employers, landlords, and licensing boards may consider a DUI conviction a red flag, especially if the position involves driving, operating machinery, or serving as a public representative.

However, the impact of a DUI on your opportunities will depend on the specific policies of the organization and the nature of the position. Some employers may have a strict no-DUI policy, while others may be more lenient, especially for older convictions.

Minimizing the Impact of a DUI in South Carolina

If you’re facing a DUI charge in South Carolina, the best thing you can do is fight the charge with the help of an experienced DUI attorney. At Okoye Law, we know how to challenge DUI evidence and negotiate with prosecutors to get charges reduced or dismissed when possible.

Remember, while a DUI can have serious and long-lasting consequences, it doesn’t have to define your life. With the right legal support and a commitment to moving forward, you can overcome this challenge.

If you’re dealing with a DUI in South Carolina, don’t face it alone. Contact Okoye Law today for a consultation. We’re here to protect your rights, your record, and your future.