DUI Washington State Records

When does a Washington State DUI come off my record?

Unfortunately, a conviction for DUI will never be removed from your record. It is critical to speak with an attorney while there is time to take precautions to prevent a DUI conviction from going on your record in the first place. A conviction for a lesser charge than DUI, for example, may prevent you from having a permanent criminal record if you successfully petition the court to vacate the conviction for the lesser charge.  However, it is unlikely that a judge would grant a motion to vacate until at least seven years have passed since the conviction for a lesser charge originally filed as a Physical Control or DUI.

How many years can Washington State go back in your records for prior DUI offenses?

As far back as such records have been kept.  However, for the purpose of determining the mandatory minimum for sentencing on a DUI or Physical Control conviction, it counts as a “prior offense” if the arrest dates are within seven years of one another.  A prior offense also includes Reckless Endangerment, Reckless Driving and Negligent Driving First Degree if dropped down from a DUI or Physical Control, and a Deferred Prosecution for DUI or Physical Control (even if successfully completed). A prior conviction for Felony DUI or for Vehicular Assault / Homicide will make the current offense a felony.

I don’t know what information is on my driving record. How can I obtain it?

You can obtain a copy of your driving record, including the current status of your driver’s license, by clicking here.

How can I obtain a copy of my criminal record?

You can obtain your Washington State Patrol record for $10 by clicking here.

Can a Washington prosecutor or judge see a prior DUI from a different state on my record?

Not unless they run a check on the national database, which they usually do not do in most jurisdictions unless you were carrying another state’s license at the time of the arrest, or you admitted you live out of state.

Does a DUI conviction show as a misdemeanor or a felony on a criminal record?

DUI is a gross misdemeanor unless the person had four or more prior offenses within 10 years, or unless the person had ever been convicted of drug or alcohol related vehicular homicide or assault or felony DUI, in which case DUI is a felony offense.  

Will a DUI arrest stay on my record if the charge is dismissed?

A DUI arrest will never go off your record.  It will remain on the national FBI database as well.  Scrubbing this arrest record is difficult if not virtually impossible. Thus, if for a job application or other inquiry, you are asked if you have ever been arrested, you would have to answer honestly that you have been arrested or possibly be shown to have lied on that application. However, if the question is whether you have been convicted, the answer would depend upon whether you were eventually convicted of the charge in court. A dismissal means you were not convicted of the crime. And like the record of a DUI arrest, the dismissal should stay on your record as well.