Overview: Criminal Record DUI

In Canada, DUI (driving under the influence or impaired driving) applies to alcohol, cannabis, and other drugs. You aren’t supposed to drive in Canada if your BAC (blood-alcohol concentration) is 80 mg or more per 100 ml of blood.

The same applies to Cannabis (THC) and the influence of drugs like GHB or gamma hydroxybutyrate (depressants). The acceptable THC limit is less than 2.5ng of THC per 1ml of blood and less than 5mg for every liter of blood for GHB.

DUI Records: Who Can Access Them?

DUI offences are very serious. An arrest alone will automatically show up in your criminal background check. Drunk driving records remain in national police records (RCMP criminal records) and these records can be accessed by authorised government agencies, all police services in Canada, and US law enforcement.

Other parties can also access these records i.e., employers, landlords among other people/entities that do basic background checks. This is unless you have the records sealed. Nevertheless, sealed DUI records can still be accessed under special legal circumstances.

Therein lies the importance of avoiding DUI arrests and convictions at all costs. Let’s discuss more on the consequences of a DUI before looking at what you can do about it.

DUI Consequences: Effects of DUI On Criminal Record

There are several consequences of a DUI. The most notable include:

  • Severe penalties and jail time: A DUI can attract hefty fines that vary depending on factors like your BAC during arrest, and whether you caused any accident/injuries while drunk driving. Fines are also higher for repeat offenders. The fines can also be accompanied by a prison sentence.
  • License suspension: Your driver’s license could also be suspended.
  • Driving privileges, higher education & residency: Persons found driving under the influence could also be forced to use ignition interlock devices in their cars before they can have their standard driving privileges restored. Other effects include restrictions on higher education as many institutions have rules stopping attendance or graduation if a person has a criminal record. If you are an immigrant, a DUI can jeopardise your Canadian residency if you haven’t secured citizenship.
  • Employment, child custody, and motor insurance: A DUI record can also make it harder to secure many types of jobs and child custody/visitation rights. You are also bound to pay more in motor insurance premiums.
  • Homeownership/financing difficulties: An impaired driving offence record can also make it harder to secure financing for home ownership and other ventures.
  • Mandatory education and/or treatment programs: You could also be forced to take special programs.
  • Travel restrictions: In some drunk driving convictions, you can have difficulties traveling to countries like the US.

Can You Travel with a DUI?

As mentioned, you can expect travel difficulties to countries like the US and others that have travel restrictions for criminal convictions. While you can still enter the US, this is usually for one-time DUI convictions. You can still be denied entry as a first-time offender if you don’t have enough official documentation about your conviction.

You can avoid problems with border officers by seeking a pardon. In many cases, a pardon is needed to enter the US if you have a DUI conviction. However, it helps to consult pardon experts just to ensure there aren’t specific requirements applicable to your case.

Can You Get A DUI Expunged in Canada?

NO, an impaired driving charge can’t be expunged. DUI-related criminal history can’t be destroyed. However, the records can be sealed (pardoned).

Can You Get 2 DUIs Expunged?

No! As mentioned, DUIs can’t be expunged. They can only be sealed. If you have had two DUIs, your records can still be sealed. However, you are bound to wait longer. Subsequent offences also attract harsher penalties than first-time offences.

If you get another DUI, it’s recommended to consult a DUI pardon service to get expert advice on the best way to handle the issue.

DUI Pardon: How to Get a DUI Expunged

We already know that an expungement process isn’t possible with DUIs so let’s focus on how to get the records sealed.

If you have met the eligibility criteria i.e., paid fines, completed your sentence (if applicable) and the specified period of time is over (i.e. 5 years waiting period for a summary offence, 10 years for indictable offence), you can proceed and apply for a DUI pardon.

This is a 7-step process consisting of: 

Step 1: Criminal Record Check

Begin by visiting the local police service to have a criminal record check done. You need these documents to submit with your application. Most importantly, the records should include all convictions.

Step 2: Get Court Information

You also need all court information with proof and dates of payment of any applicable criminal penalties, restitution, victim surcharges, and compensation.

Step 3: Local Police Records

You also need to do a local police check by contacting/visiting your local police service.

Step 4: Gather Identity Documents

Pardon applications also need to be supported by identity documents (government-issued with valid names, signatures, and date of birth).

Step 5: Pardon Application Form

Armed with all documents, you can proceed and fill out the record suspension form. Ensure it is filled completely and correctly.

Step 6: Complete the Measurable Benefit /Sustained Rehabilitation Form

You also need to clearly describe how a pardon will offer you measurable benefits as well as help your rehabilitation as a good law-abiding citizen. This form must be filled completely and appropriately, otherwise the PBC can return or reject the application.

Step 7: Application Submission

Finish by submitting the application form alongside all supporting documents.

Important: If your DUI involved a specific offence, such as a schedule I criminal offence, you must complete a special form (exception form). What’s more, the above steps are summarised. The pardon application process is more complex with numerous requirements and considerations.

We suggest you consider hiring a reputable pardon service like Canadian Pardon Application Services with over 575,000 successful applications granted since 1975.

How Much Does It Cost to Get A DUI Expunged?

DUIs can’t be expunged. However, they can be sealed, and it costs $50 Canadian dollars to have your DUI record suspension application processed. The application fees can be paid via credit card, money order, certified cheque, or a bank draft to the Receiver General.

Final Thoughts

DUI records can’t be expunged in Canada. However, they can be sealed making them inaccessible unless under special circumstances. We’ve discussed why you should care about having your DUI record sealed and how you can go about it on your own. However, to save time, and effort and increase your chances of success, we suggest you leave everything to proven experts like Canadian Pardon Application Services.

You don’t need a Canadian immigration attorney. Request for a FREE pardon application consultation or call: 1-888-853-8189.