There is a process of getting your arrest record sealed.

Answer Applies to: California
Replied: 8/26/2011

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It will go on your brother's driving record because the DMV already took action on his license. As for his criminal record, he will have the arrest or citation but he will not have a conviction or any court information for the DUI on his record.

Answer Applies to: California
Replied: 8/25/2011

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It sounds like a Juvenile case. If that is so, there would be no criminal record at all. Juvenile Court cases do not result in a conviction unless they are strikes. However it would go on his DMV record and would stay there for 10 years.

Answer Applies to: California
Replied: 8/25/2011

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If he was not charged and convicted then his criminal record will be clear of that DUI incident. However, sometimes it takes time before the DUI charges come through. If it has not been over a year he can still be charged.

Answer Applies to: California
Replied: 8/24/2011

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If he was never charged, there is no DUI on his criminal record.

Answer Applies to: California
Replied: 8/24/2011

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Nothing will show on his criminal record, but because he probably lost the DMV hearing by default (didn't request one), a DUI may still show on his driving record (as having lost a DUI/DMV Hearing).

Answer Applies to: California
Replied: 8/23/2011

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Yes it is possible that it would stay on his record. It appears that he lost his DMV hearing but for some reason criminal charges were never filed.

Answer Applies to: California
Replied: 8/23/2011

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The DUI will remain on his record "as an arrest unless you bring a motion under Penal Code Section 851.8 to seal and destroy it. You will want to retain an experienced DUI law firm like Wallin and Klarich to help you. Go to wklawdui.com for more information. The DMV suspension of his license is "separate" from the DUI case in court and the DMV suspension will stand even if the DUI charges are never filed.

Answer Applies to: California
Replied: 8/23/2011

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If no charges were filed, it never was and isn't on the criminal record. If he did those things you described, it sounds like he took a plea bargain [conviction] which will be on the record. He needs to go to that court and actually check his record, or request a record check from DOJ. If there is actually a mistake on the record, it may be possible to correct through his attorney with proof of the error. If he finds he does have a conviction, it probably can be 'expunged' from criminal records by proper application and Petition to the court, but only if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. Expungement will help in obtaining and keeping employment. A DUI still would count as a prior if arrested again for DUI within 10 years.

Answer Applies to: California
Replied: 8/23/2011

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Only a conviction can go on his rap sheet. It might indicate the arrest but that does not count as a conviction.

Answer Applies to: California
Replied: 8/23/2011

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The arrest will stay on his record unless you get a seal and destroy motion granted in court. That will require showing there was no probable cause to arrest for DUI. Have a DUI attorney review the police report. There are deadlines so do not delay. The motion here is almost never granted for this situation, but it shouldn't cost you anything to investigate your brother's chances.

Answer Applies to: California
Replied: 8/23/2011

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Nothing on his record. Nothing to expunge. An arrest is not a conviction. One year to file charges, though, in a misdemeanor California DUI case.

Answer Applies to: California
Replied: 8/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.