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DUI into a reckless driving. Will it show up in a background check?
Anonymous7 views5 answers
I was pulled over for a DUI a few years back, went to court and the public defender got it plead down to a reckless driving, I blew a 0.088 . Did get my car towed but got it back the next day. So my question is will this show up on a criminal background check or just show up on my driving record? And also if the officer check that I submitted to a BLOOD TEST when I actually just blew into the breathalizer, could I have gotten that charge dismissed based on the fact he checked the wrong box?
It will show up as a misdemeanor on your criminal record. I have found, however, that some criminal background checks only see felonies. Arizona does not have expungement, but as has been mentioned, you can have the judgment "set aside". A criminal defense attorney can explain what this means, what the process is, and submit the paperwork on your behalf. The officer checking the wrong box would not have been grounds for a dismissal.
It will show up on your driving record for 3-5 years (depending on which one gets retrieved), and it will show up on your criminal history permanently (or until you get it expunged -- if that is an option in AZ.)
Sounds like you already plead to the amended charge of RD; you cannot fight it unless you contest the plea.
There is no expungement in Arizona, but you can file a motion to set aside the judgment of guilt. I have been successful in getting these motions granted once all or obligations are fulfilled. My office and most attorneys will offer free consultations. Good luck!
In California, Wet Reckless is a misdemeanor like a DUI - which would be on a criminal record. Also, it is Priorable- meaning that if you were to get another DUI your new DUI would count as a second DUI. In most states, if you can get it expunged, it will not show up in most private background checks- but it would show up in checks run by the government such as if you were trying to become a firefighter or a cop and it would show up if you were trying to immigrate to the USA. Expungement is available after your probation ends and you have paid your fines- -usually 36 months later. Because you pled out to a wet reckless it is sort of pointless to speculate as to what would have happened at a trial. Trials are expensive- usually costing an additional $3000 or more to a lawyer and it is unlikely that the officer checking Blood Test rather than Breathalizer would be a serious material issue- more likely at that trial would have been whether or not the Breathalyzer could have been off by .01 and you were not actually drunk... that trial could go either way and I think you did the right thing by pleading out to the reduced wet reckless charge.
Reckless Driving is still a criminal traffic violation,and a misdemeanor conviction, therefore it is likely to appear in any criminal background check. A Motion to Set Aside is a potential avenue to assist your concerns. Contact an attorney to discuss this motion and your concerns regarding the Blood Test/ no blood test issue.
