How long on a background check does a DUI charge and a reckless driving conviction take to come off?
Question Details:
The offence occurred on 3-5-05. The charge was reduced in court to a reckless driving offense. However, there is a DUI charge on my background check. How can I have that removed since I was never convicted of a DUI? Can I have that expunged from my record or will it and the reckless driving charge come off automatically in after 5 years? My MVR is clear, but my background check is where this is coming up.
In KY, there is a 5 year "look-back period". This is the period of time in which the court will look-back into your driving record for sentencing purposes. Thus while a conviction will stay on your driving record forever, if you have not had an offense during this 5 year period, you will be considered to be a first-time offender. So your reckless will not effect you if there are no further offenses within this time period. And in your case, the look-back period doesn't even apply to your DUI since you weren't convicted in the first place (this is why your MVR is clear).
However, that is your driving record. Your criminal record is something different. In order to clear that you must "expunge" your record, otherwise arrests/convictions will remain indefinitely. To do this, you should speak with an attorney in your area that handles expungements, they can best advise you as to your state law.

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