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When someone is arrested for driving under the influence (DUI), also commonly known as driving while intoxicated (DWI), they face many challenges, including financial consequences, potential incarceration, loss of their license, and more. One of the challenges many people worry about is how the arrest will damage their reputation or violate their privacy, as most arrest records are public to an extent, even if there is no conviction. Here is a look at DUI arrest records in Minnesota, what is public, and how to protect that information. If you are facing DUI charges, hire a DUI attorney at BK Law Group today.
If someone in Minnesota is arrested on suspicion of DUI but they have not yet been convicted or the case was dismissed, the type of records that will be publicly available may include:
If the case is dismissed and does not result in a conviction, the records pertaining to court will not necessarily be available nor will information about the arrest. Juvenile criminal history information is generally not publicly available through Minnesota’s public criminal history search site, nor is information about an individual’s criminal history in other states or in federal cases.
If someone is convicted of a DUI in Minnesota, the record of that conviction will be available on the state’s criminal history search site for 15 years, including:
In Minnesota, there is a 10-year lookback period. This means that individuals who have been convicted of a second or subsequent DUI within ten years of a previous alcohol-related traffic conviction will face stricter penalties. However, following the ten-year lookback and even the 15-year period when the conviction data is available, the conviction remains on the individual’s permanent driving record and can be accessed through background checks.
In some cases, it is possible to have the record of a DUI conviction expunged, meaning the records would be sealed, though not entirely erased. In order to be eligible for expungement, the individual must not have been convicted of the crime charged or must have completed a diversion program. Felonies are not eligible for expungement, but those convicted of misdemeanors or gross misdemeanors – as DUI convictions often are charged – may apply for expungement. An experienced lawyer from BK Law Group may be able to help with this process.
The public, including potential employers, landlords, and education organizations, can access limited information about a DUI arrest and more extensive information about a conviction. The legal team at BK Law Group understands how damaging DUI arrest records in Minnesota can be, and protecting a person’s reputation is one of the many reasons why those who have been arrested for DUIs need an experienced lawyer by their side. Contact us today for more information or to begin working on a defense strategy to limit the consequences of a conviction, including the amount of public records available in the case.