Like many other states, Georgia imposes strict laws on underage drinking. That means the blood alcohol content (BAC) threshold is lower for juveniles, and there are many long-term consequences your child can face if convicted.
One common worry among parents is how long a DUI can stay on their child’s record. Here are some answers that might provide some clarity.
A DUI conviction can stay on your child’s record indefinitely
In general, a DUI conviction stays on a person’s criminal record unless they take specific actions to remove or restrict it. In other words, your child must seal their record after completing their sentence.
Sealing a record is not always easy
In Georgia, people with certain convictions can eventually seal their records. However, it is not always an easy process, especially for DUIs. Here is what your child can expect:
- They apply for sealing in the Georgia Juvenile Court that adjudicated their case
- They schedule a hearing
- They attend the hearing and answer questions from the judge
For your child to convince the judge that their records should be sealed, they must show that:
- Two years have passed since their final discharge
- Since the final discharge, they have not been convicted of a felony or misdemeanor, and are not facing any proceedings
- They have been rehabilitated
Note that even when successful, sealing a record does not make it go away completely. It limits the people who can access the documents, but other entities can still see them. These include law enforcement, the military (if your child enlists) and prosecutors.
Sealing a record does not erase a driver’s history
Sealing a court record does not erase the record created by the Georgia Department of Driver Services (DDS).
The DDS uses a point system to track traffic violations. Each time someone is convicted of a traffic offense, they get points on their record. If your child accumulates a certain number of points within 24 months, they could face license suspension. However, the threshold is lower for underage drivers.
If your child loses their license, it could affect their ability to seek employment, as many jobs require a valid driver’s license.
How can you help your child move forward?
As you can see, getting rid of a DUI record can be difficult, but it is still possible. An experienced juvenile defense lawyer can help you explore your legal options.
Children can make big mistakes like driving drunk, but it should not define their future. With legal guidance, you can have better chances of sealing your child’s records and helping them move forward in life.