Can a DUI Conviction Affect You After Moving to a Different State?

Written by Aurora F. | Fact checked by The Law Dictionary staff |  

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It is assumed that “DUI” means “DUI conviction”. While some states keep arrest records, only a DUI conviction makes a difference long-term, gets posted as a part of your criminal court record, often public, and gets posted against your insurance driving record. Depending on state law, access to any of this information may or may not be available, or restricted to those with specific authority. It is common knowledge that most states now share DUI / DWI conviction information and support each other in honoring another state’s license suspension. In a state that uses the multiple state shared databases, an out of state DUI conviction is treated as if it happened in the state in which you now stand. That would mean that you already have at least one strike per listed DUI conviction. Some states, like California, evaluate the listed DUI to determine if it would be a DUI in CA, based on CA laws. Interesting … Some relate the fact that DUI conviction information in not on shared data or insurance records. Some who are very familiar with data processing in some state DMVs note that very often data is misplaced or mis-linked or misspelled or any other number of data entry errors. Experts state that to be safe, always be honest, or at least confirm that data is missing. What one does at that point is up to that person. A lie in itself never does a person self-harm, so expert say. It is always in the getting caught, these experts relate. It is the loss of trust that destroys so much.

The availability or lack of DUI conviction information affects one’s ability to obtain a new license and insurance in one’s new resident state. Posted information is available to nearly every insurance company across the nation. Some will take a chance with you, if you are willing to pay a higher rate. Your record stays around for seven years or more as an insurance record. This depends on state DMV laws. Getting the license itself is a whole other stack of issues. States that use shared state data will likely refuse you for a state mandated time period. One possible way around it is to apply for a work or family support hardship. Experts say that some stiff criteria is often applied for such a license, but at least one has a license.

The other area where experts say, and some people experienced, troubles due to a DUI conviction in your former state is in job application. Everyone stated to be honest and call it out on the application if asked, regardless of its ready availability or not on any potential shared files. Why? The ramifications are just too severe. Possible, likely, loss of your job should be enough reason for not taking the chance. Minimally, one is seen as untrustworthy. How far reaching is that? The worry around it, again, should be enough to not want to go there. Most companies do background checks in current and former states of residency. These checks typically get to potential criminal records. That one data file missed does not mean that all missed it.

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