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If you have been arrested for a DUI, one of your concerns is likely whether others will find out about your arrest. An arrest might affect your job, ability to buy or rent a home, or reputation. DUI arrest records in Bloomington are open to the public, even before you are convicted.
If you are convicted of DUI, you may be able to seal your arrest records after several years have passed. However, it is crucial to enlist the help of a DUI defense attorney to assist you with this. Your lawyer could help you explore options for keeping your records private and advise you on next steps.
The Bloomington Police Department publishes a weekly report of arrests. These include the person’s name, age, and address, as well as the location of the arrest and the offense. These records are only published for adults. Juvenile records are typically private.
DUI arrest records are not gathered into a central database for the Bloomington public, but they are available for organizations performing background checks. Once a person is convicted of DUI, their record remains public through the Bureau of Criminal Apprehension (BCA) and the Minnesota Court Information System (MNCIS). BCA records remain public for 15 years after the person has completed their sentence, while MNCIS records remain public indefinitely.
In some situations, the state allows people in Bloomington to petition to have their DUI arrest records expunged. This seals the arrest record so that it is no longer publicly available. However, it is important to note that it does not prevent the person from being charged as a repeat offender if they are arrested for another DUI. To have their record expunged, the person who was arrested needs to petition a district judge to issue an order.
Minnesota Statutes § 609A.02 lists the circumstances under which a judge will consider expunging an arrest record. If the person was arrested for DUI but the charges were dropped or they were found not guilty at trial, they can apply for expungement immediately. If the person qualifies for a diversion program, their record can be expunged within one year of completing it.
If the person was convicted of a DUI, they may be able to have their arrest record expunged after a waiting period, which will depend on the type of DUI conviction. For example, a fourth-degree driving while impaired offense is considered a misdemeanor and can be expunged after two years if the driver does not commit any other crimes. Third and fourth-degree DUIs are gross misdemeanors and can be expunged three years after the person completes their sentence.
Unfortunately, felony DUIs cannot currently be expunged in the state. A DUI can become a felony if the driver has three previous DUI convictions within ten years or has been convicted of felony DUI before.
DUI arrest records in Bloomington can seriously affect your life even if you do not end up being convicted. If you have been arrested for a DUI, a defense lawyer could look for any weaknesses in the case against you so you can present the best possible defense. They could also work to ensure that your record remains as private as possible. Schedule a free consultation with BK Law Group today to review your DUI case.