DUI Arrest Records Explained
If you are arrested for Driving Under Influence (DUI) in California, the arrest will be recorded and may be accessible to the public. This can have serious consequences for your personal and professional life.
A DUI arrest record is a report created by law enforcement after an individual is arrested for driving under the influence of alcohol. This report includes the particulars of the arrest, the nature of the DUI offense, and any results of breath tests administered. In addition, booking photos may be included and information on subsequent court proceedings may be provided, if known. Arrest records may be found during a background check.
It is important to note that even if the charges are later dropped or a person is found not guilty, their DUI arrest record may still exist and the arrest record may be accessible to the public. In California, some DUI records can be sealed or expunged, but the process is often complex and may require the assistance of an attorney.
In California, arrest records are maintained by the Department of Justice (DOJ) and are available to the public through a Criminal Record Review program. This program allows individuals to request a copy of their own criminal record or the record of someone else. You can also obtain access to your arrest records by communicating directly with the police officers who made your arrest or with the court which had jurisdiction over the DUI case.
Given this circumstance, there are some states which allow these arrest records to be destroyed or erased from the public records when the charges are dropped or dismissed. California Penal Code 851.87 PC1
Arrest records can be used by employers, landlords, and other organizations to make decisions about hiring, renting, or lending to an individual. In some cases, an arrest record may also be used in court as evidence in a criminal case.
According to the U.S. Equal Employment Opportunity Commission (EEOC), it is true that an employer cannot make use of your DUI arrest record to deny you employment. However, it should also be noted that no statute prohibits employment when making employment decisions. However, there are federal laws that regulate and provide limitations when it comes to employers using background checks in employment decisions. [the Fair Credit Reporting Act (FCRA).]2 . As such, according to the EEOC, the employer can consider his previous acts involving the arrest as a factor in determining your fate in employment.
If you were arrested for DUI and are concerned about the impact it may have on your life, there are steps you can take to minimize the damage. First, it is important to understand that you have the right to challenge the arrest and the evidence against you. With the help of a skilled DUI attorney, you can have the charges against you reduced or dismissed.
In addition, if you are convicted of DUI, you may be able to have your arrest record sealed through a process known as “expungement.” This process can make it difficult for employers and others to find out about your arrest.
In summary, a DUI arrest in California will be recorded and may be accessible to the public. This can have serious consequences for your personal and professional life. Therefore, it is important to understand your rights, and the steps you can take to minimize the damage caused by a DUI arrest, such as challenging the arrest and evidence and if convicted, seeking an expungement. A DUI attorney can help you navigate the legal process and make the best decisions for your situation.
1. Penal Code 851.87 allows individuals in California to request that their arrest records be sealed and destroyed. This section of the penal code serves to replace Penal Code 851.8 in many situations.
2. The Fair Credit Reporting Act is U.S. Federal Government legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies.