DUI on your record 7yrs. or 10yrs?

[korn858]

What is the name of your state? California

I was convicted for a dui in 2002, which at the time the law said it would remain on my record for 7yrs. However, I was recently given some (unprofessional) information that the new law, which states DUI's are now on your record for 10yrs, will some how include me.
I've looked for an answer to this question, but have found nothing explaining if the new law can affect someone convicted under the old law.
If you have any information regarding this matter please respond.

[Some Random Guy]

Changes to the "look back" period in several states have been ruled constitutional by judges since they are not adding penalties to previous criminal convictions - which is an illegal ex post facto law. Instead these laws are changing the penalties on future crimes.

[korn858]

Thank you sooo much for resoponding. Are you saying "the new law can grandfather me into it too?" So, my Dui, which I thought was going to off my record next year, could be on there for another three years? This is very important to me, because I'm getting ready to start a two year Radiographer program, and from what I'm being told, by other students getting ready to enter the program, if you have a dui on your record there is a good chance you won't be able to sit for the board exam which is mandatory to be able to work in the field. If this is the case, I may have to cosider a different profession.
Thank you again for your help...

[paguy88]

No a criminal convition says on your record for ever and ever and ever unless you get it expunged.(good luck with that)

the look back time frame now that's for inhanced penalities like you get a dui in 2001 then get one in 2008 thats severn years thus a 2nd convition in that 10 year look back period or what ever it is in your state.

[korn858]

O.k I understand now. Thank you very much for making this clear to me. By the time I'm ready to sit for the boards it will be around 2011, so I don't think this will prevent me from being able to do that...
Again, thank you for your time and sharing your knowledge.

[paguy88]

Originally Posted by korn858

O.k I understand now. Thank you very much for making this clear to me. By the time I'm ready to sit for the boards it will be around 2011, so I don't think this will prevent me from being able to do that...
Again, thank you for your time and sharing your knowledge.

i dont know anything about taking boards and requirments. But typically what you see on things like empolyment applciation is have you even been convited of a crime /felony in the past 7-10 years...

just remember the criminal convition says on your record for ever.. unless expunged.

[CdwJava]

CA law now allows for a 10 year lookback period for priors. Regardless of when that first conviction was, the state can look back TEN years to pull convictions as priors.

See CVC 23550.5:

23550. (a) If a person is convicted of a violation of Section 23152
and the offense occurred within 10 years of three or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 or 23153, or any combination thereof, that resulted in
convictions, that person shall be punished by imprisonment in the
state prison, or in a county jail for not less than 180 days nor more
than one year, and by a fine of not less than three hundred ninety
dollars ($390) nor more than one thousand dollars ($1,000). The
person's privilege to operate a motor vehicle shall be revoked by the
Department of Motor Vehicles pursuant to paragraph (7) of
subdivision (a) of Section 13352. The court shall require the person
to surrender the driver's license to the court in accordance with
Section 13550.
(b) A person convicted of a violation of Section 23152 punishable
under this section shall be designated as a habitual traffic offender
for a period of three years, subsequent to the conviction. The
person shall be advised of this designation pursuant to subdivision
(b) of Section 13350.

- Carl

[soupline]

I don't know how long it stays on your criminal record but there is also your mvr. I got a dui in FL and they said it will stay on my MVR for 78 years.

[paguy88]

Originally Posted by soupline

I don't know how long it stays on your criminal record but there is also your mvr. I got a dui in FL and they said it will stay on my MVR for 78 years.

78 years on a mvr

[paguy88]

Originally Posted by CdwJava

CA law now allows for a 10 year lookback period for priors. Regardless of when that first conviction was, the state can look back TEN years to pull convictions as priors.

See CVC 23550.5:

23550. (a) If a person is convicted of a violation of Section 23152
and the offense occurred within 10 years of three or more separate
violations of Section 23103, as specified in Section 23103.5, or
Section 23152 or 23153, or any combination thereof, that resulted in
convictions, that person shall be punished by imprisonment in the
state prison, or in a county jail for not less than 180 days nor more
than one year, and by a fine of not less than three hundred ninety
dollars ($390) nor more than one thousand dollars ($1,000). The
person's privilege to operate a motor vehicle shall be revoked by the
Department of Motor Vehicles pursuant to paragraph (7) of
subdivision (a) of Section 13352. The court shall require the person
to surrender the driver's license to the court in accordance with
Section 13550.
(b) A person convicted of a violation of Section 23152 punishable
under this section shall be designated as a habitual traffic offender
for a period of three years, subsequent to the conviction. The
person shall be advised of this designation pursuant to subdivision
(b) of Section 13350.

- Carl

to me I read this poster thread asking how long it stays on his criminal record... maybe I miss read it. My bad if all he was looking for was priors

[CdwJava]

Since he used the time frames for 7 years (the old lookback period for DUI in CA) and 10 years (the NEW lookback period) I presumed it was for purposes of priors.

As for how long it stays on his CORI file (criminal history), that will be forever.

- Carl