The effects of a DUI conviction can last much longer than the initial criminal punishment. This is why people are often desperate to know when a DUI will leave your record in Ontario. The answer isn’t straightforward, but we’ll clear everything for you here.
That’s because it can depend on the kind of record you’re talking about. Here we’ll look into each one and the actions you’ll need to take, if any. By the end, you’ll have a clearer idea of the path forward.
Understanding DUI Records in Ontario
Impaired driving is a criminal offence in Ontario, which means it will appear on your criminal record. It will also appear on both your driving record and insurance record. Frustratingly, all of these records have different time frames.
Criminal Record – The DUI will stay on your criminal record indefinitely. However, you can eventually apply for a record suspension, usually after 5 years.
Driving Record – The DUI conviction will stay on your record for at least three years. However, if your licence was suspended, this will stay on your record for around six years.
Insurance Record – It will appear on your insurance record for at least six years.
While those are the basic numbers, there is nuance to each of them, which is important to know. If you’re facing a DUI, this huge impact on your life is why hiring an experienced DUI lawyer is vital to fight the case. Read on as we go through these records in more detail, including how best to navigate them.
Related Article: https://www.agpllp.ca/do-i-need-an-impaired-driving-lawyer-for-a-1st-time-dui/
When Does a DUI Leave Your Criminal Record
Your criminal record is maintained by the Royal Canadian Mounted Police, along with being stored in the Canadian Police Information Centre. Once you are convicted of a DUI, this will stay on your criminal record indefinitely unless you apply for a record suspension.
A DUI is usually a summary conviction, compared to an indictable offence. Due to this, you must wait at least 5 years after the expiry of your sentence and any court orders before you can apply. If the DUI was an indictable offence, the waiting period is extended to 10 years. In either case you must have paid any fines before you can apply of a record suspension
Here, an application needs to be made to the Parole Board of Canada with a few documents required, such as criminal, court, and police records, along with proof of sentence completion and character references. While there is no guarantee, these applications are usually successful.
If approved, then your DUI record isn’t completely erased. Instead, it will be sealed from the public record. This means it’s not going to show up on an employee or volunteer check, as it will be hidden from a vulnerable sector check.
A DUI and your Driving Record
A normal traffic conviction, such as speeding, will generally stay on your record for 3 years. However, if your licence was suspended, this will stay on your record for 5 years after the suspension ends. Given that DUIs will always come with at least a one-year suspension, it means your record will be impacted for at least 6 years.
Perhaps the one sliver of good news is that, as a DUI is handled as a criminal matter, you don’t actually have any demerit points added to your licence. But a DUI will result in other consequences, like suspensions, under provincial legislation like HighwayTraffic Act.
Related Article: https://www.agpllp.ca/how-to-get-a-licence-reinstated-in-ontario-after-a-dui-suspension/
How a DUI Affects Your Insurance Rates
The answer to this will depend on a few factors, but the answer is generally 6 years. In the first 3 years following the DUI, you will struggle to get car insurance without paying sky-high rates. There are often insurers specifically for high-risk drivers.
After 3 years, you’ll start to see a gradual reduction, but you’ll still be viewed as high risk. By the six-year period, it will drop off your driving record, which is what most insurers are happy to follow. If you’ve received a record suspension, then you will no longer need to declare the DUI at all.
FAQs
Can a DUI be removed from your record in Ontario?
Yes, but only if you apply after a minimum of 5 years. It will eventually automatically drop off your driving and insurance record, but unless you make that application, it will stay on your criminal record permanently.
How long does a DUI affect car insurance rates in Ontario?
At least 6 years. However, there will be a gradual drop off in rates during this time, but they’ll still be much higher than normal. In the meantime, you’ll most likely need to find coverage with a specialist provider.
Will a DUI prevent me from travelling to the United States?
A single DUI doesn’t automatically bar entry to the U.S., but it can make life more difficult. This will be especially true if there are any aggravating factors, such as if the DUI involved injury or if you have other criminal charges on your record.
Does a DUI show up on a background check for jobs?
A DUI will show up on a background check until it is no longer on your criminal record. If you successfully apply to have it removed from your record, then it won’t show up on all standard checks.
When am I eligible to apply for a record suspension (pardon) after a DUI in Ontario?
Eligibility depends on how your DUI was prosecuted and starts after you’ve fully completed your sentence (including fines, surcharges, probation, and any programs). If it was summary: you can apply 5 years after completion; if indictable: 10 years after completion. You apply to the Parole Board of Canada for a record suspension (which seals, rather than erases, the record for most checks).
Final Thoughts
A simple DUI conviction usually doesn’t come with jail time. However, the punishments can feel severe and, with the likes of insurance and employment potentially affected, go way beyond the reach of the criminal justice system.
It’s important to be proactive to get a record suspension, but everything else is simply a waiting game. If you’re unsure of where to start or are facing a DUI charge, contact AGP LLP today. We’ll be happy to check over your case and see how we can help.
