People will often ask, “Can you clear my record when this is over?” At first, the question seems simple and lends itself to a simple yes or no answer. Regretfully, as in most areas of the law, the correct answer is IT DEPENDS.
Before we talk about clearing your ‘record’, you should know that a DUI arrest creates THREE separate records:
- An arrest record which is maintained by the Georgia Crime Information Center (GCIC).
- Due to the affidavit the officer created when he took your license,· you now have a driving record, and if quick action is not taken, you will have a permanent record of your license being suspended for an alcohol offense.
- The most commonly considered record is your court record. With quick action and good work by your attorney it is possible for all but the arrest record to be “cleared.” The court record is the most common record, and there is scant chance of making an accusation “disappear,” but a conviction for the DUI can be avoided. And, it is the DUI conviction that most people do not want on their criminal or driving histories. Expungement of the record of the arrest is not a realistic possibility because it is rather difficult to convince the prosecuting agency that an accused was factually
Your driving record (i.e., suspension) can be cleared only by requesting a hearing within ten business days of your arrest and winning that hearing or obtaining a non-DUI disposition of the underlying criminal charge. Even if you have already been administratively suspended, a non-DUI disposition will result in the deletion of the administrative suspension and the refund of any reinstatement fee you have already paid.