Driving under the influence (DUI), also known as driving while impaired (DWI), is a serious offence that can have lasting consequences on your criminal record.
In Alberta, not all impaired driving charges lead to a criminal record.
However, if you have received multiple IRS: FAIL administrative penalties, or if there are other aggravating circumstances, you may be charged with a criminal offence.
So, let’s talk about how long a DUI stays on your record in Alberta, and what it means for your future.
How Different DUI Convictions Can Impact Criminal Records
The duration for which a DUI conviction remains on your criminal record in Alberta varies based on the type of conviction and the nature of the offence.
Summary Conviction
For a DUI conviction classified as a summary offence, the conviction will remain on your criminal record forever unless you obtain a Pardon.
The conviction will remain for a minimum of 5 years from the date of the conviction, which includes serving any probation, paying fines, and completing other requirements.
After 5 years have passed, the conviction may be eligible for a record suspension, or Pardon, which can seal the conviction from public view for some purposes.
Indictable Conviction
If your DUI conviction is classified as an indictable offence (more serious), the conviction will remain on your criminal record for a minimum of 10 years from the date of the conviction before it can be considered for a record suspension. Otherwise, it is there forever.
It’s important to note that a record suspension doesn’t erase the conviction from your record; it simply seals it from public view for some purposes.
Law enforcement agencies and certain other entities may still have access to your complete criminal record even after a record suspension.
How to Apply for a Record Suspension
A record suspension, often called a pardon, doesn’t erase the conviction from your record. Instead, it allows you to have your criminal record sealed from public access for some purposes. This could improve your prospects in terms of employment, housing, and other opportunities.
To apply for a record suspension in Alberta, you would need to go through a formal process, which may include gathering documents, paying fees, and meeting specific eligibility criteria.
Learn More: Do I Need a DUI Lawyer?
What are the Consequences of DUI on Your Criminal Record?
When you’re charged and convicted of a criminal DUI offence in Alberta, it becomes a part of your criminal record.
This record is maintained by the Royal Canadian Mounted Police (RCMP) and can be accessed by law enforcement agencies, employers, and other authorized individuals.
A DUI conviction can potentially impact your ability to travel, obtain employment, secure housing, and even affect your insurance rates.
Trust McGlashan Law with Your DUI Charge
A DUI conviction and having a criminal record can have lasting effects on life.
The duration of time it remains on your record depends on the nature of the offence and the province in which it occurred.
A record suspension might be available after a certain waiting period. However, it’s crucial to seek legal advice so you understand your rights and the impact of DUI charges on your future.
