Whether you made the mistake of drinking and driving or were falsely accused of doing so, being convicted of DUI can come with some very serious consequences. Not only can you face steep fines and fees, but if it’s your second DUI conviction in Canada, then you could be facing jail time too. Fortunately, there’s an option available to help you clear your record, provided that it’s been less than five years since your conviction and you have no other criminal charges on your record.
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What Is a DUI?
Driving under the influence conviction is what many people call a DUI or DWI (driving while intoxicated). If a police officer pulls you over for any reason and suspects that you’re drunk, he or she will typically ask you to take a breathalyzer test. If your blood alcohol level is above .08%, then you will most likely be arrested for an impaired driving offense.
How Do I Get My Record Cleared?
If you’ve been charged with impaired driving, it’s important to understand what your legal options are. The severity of a conviction will affect your ability to apply for a pardon. It is also possible to go through an administrative process without applying for a pardon, although that requires some paperwork and can be risky if you change your mind later.
Such charges are, like many other crimes, successfully discharged with the help of a pardons and waivers service. Before reaching out to one, there are 3 preconditions that must be met.
In order to re-enter society, you must have finished your sentence which includes completion of your probation or parole and repayment of fines/surcharges.
In the second condition, one must wait five years after having paid their fines and completing their sentence, as was mentioned earlier.
The third stipulation is that you’ve stayed out of trouble and have not received any new criminal charges.
If you satisfy all of these conditions, there is a good chance you will be granted a pardon and your DUI will be expunged from your record.
How Long Does it Take to Get My Record Cleared?
Unless you’re convicted of a serious crime, you can apply for a pardon five years after your sentence is complete. Since DUIs are less serious offenses in Canada, you must wait five years after you have paid all fines for DUI charges before you can apply for a pardon. You should pay all fines immediately in order to shorten the waiting period. Ideally, you will have collected all the necessary documents before the five-year deadline hits, because it takes twelve to twenty months to gather all the paperwork.
Once you have filed your complete paperwork, it will take between 9 and 18 months for you to receive your pardon. These are averages for the timeline for getting a DUI Pardon Canada; it will vary from case to case and can be done in as little as 6 months.
When Can I Get my License Back?
In most cases, you can reapply for your driver’s license as soon as your waiting period is over. However, depending on how old your DUI is and what kind of license you had at that time, you may have to wait a little longer before receiving an appointment with a licensing officer.
Will I Have To Go To Jail For My DUI Conviction?
If you are over 21 and convicted of driving under the influence (DUI), you will likely be sentenced to a mandatory 90-day jail sentence. The good news is that these sentences can often be served on home monitoring or other alternative methods of sentencing such as house arrest, probation, or community service.
Why Get a DUI Pardon?
The most common reasons people want a pardon for a DUI conviction are for employment purposes and insurance purposes. Whether you’re applying for a job that requires background checks or hoping to get cheaper insurance, it can be important to have your criminal record cleared up. A pardoned DUI makes it seem as though you never had one at all. It’s like your arrest record never existed!