How Long Does a DWI Stay on Your Record in North Carolina?

If you have been arrested and charged with a DWI in North Carolina, it is only natural to feel uncertain regarding the future. Whether you were arrested after a night out with friends along Riegel Road in Wilmington or you were on your way home to Picket Ridge in Leland, knowing the answer to the question, “How long does a DWI stay on your record in North Carolina?” is essential. At Christina Rivenbark & Associates, we’re here to answer that question.

The Implications of Misdemeanor and Felony DWI Charges on Your Record

In North Carolina, if you are convicted of a DWI, it stays on your driving record and your criminal record permanently. This means it will not simply be erased after a certain amount of time has passed. In 2024 alone, 804,926 Americans were arrested for suspected DWIs, and individuals with a permanent criminal record face a 30% unemployment rate.

Anyone who runs a background check on you will see the DWI conviction. Most convictions in North Carolina are charged with a misdemeanor offense. These offenses carry possible jail time and fines, and the conviction will stay on your record permanently. Once you are convicted of a misdemeanor DWI, you will face the following implications:

• The DMV will permanently keep a record of your conviction in its files, even after your driving privileges have been restored or your other legal penalties end.
• Courts will likely factor your prior DWI conviction into later cases, including when determining sentencing levels or eligibility privileges.
• Law enforcement officers will be able to see the prior conviction during traffic stops in the future, which can influence how the event unfolds, as nearly 30% of DWI offenders nationwide are repeat offenders.

While felony DWI charges are less common, they do involve much steeper consequences. A DWI will likely be charged as a felony when there are aggravating factors present in your arrest. Like misdemeanor charges, felony charges for a DWI will stay on your criminal record permanently. The implications of a felony DWI conviction in North Carolina include:

• Mandatory incarceration under state law, with limited sentencing flexibility
• The extended—or, in the more severe cases, permanent loss of all driving privileges, making your ability to restore your driver’s license challenging and even impossible
• The permanent retention of your DWI conviction on your NC driving record, with no chance at removal or expiration

Is Expungement Possible for a DWI in North Carolina?

When North Carolina residents realize that a DWI conviction stays on their record permanently, they often wonder whether expungement is possible. Unfortunately, if you were successfully convicted by the court system, then no, you will not be able to have the record expunged. However, if you were acquitted by the courts or your DWI charge is dismissed, then you may be able to petition for expungement of the original charge.

To file for possible expungement in North Carolina, you must meet the following criteria:

• The case must have either been officially dismissed by the courts or resulted in an acquittal, meaning you were never convicted.
• You must not have any other charges pending against you or any recent criminal convictions.
• You and your lawyer will be required to file a petition for the official expungement in the state of North Carolina, where the DWI charge was originally processed.

If you are convicted of a DWI, there will be no chance at expungement. This only highlights the need to hire a DWI defense attorney as soon as you are charged. At Christina Rivenbark & Associates, we seek case dismissals and acquittals above all else, wherever possible, so that expungement is possible in the future.

About Christina Rivenbark & Associates

For over 30 years, the attorneys at Christina Rivenbark & Associates have been on the side of those who are facing criminal charges throughout North Carolina. We know the local key players in DWI cases and can use this knowledge to the benefit of your case. We deliver personal care and attention to every case and every client and work to protect your rights, no matter what.

FAQs

What Are the Steps to Filing for Expungement in NC?

If you meet the requirements for expungement, you will need to follow certain steps. In North Carolina, the steps to file for expungement include filing the required petition, submitting your petition to the county court where your original charge was handled, serving a notice of the petition to the District Attorney’s Office, and waiting for the court’s decision.

What Are the Consequences of a DWI in North Carolina?

Apart from a permanent criminal record, in North Carolina, the consequences of a DWI can also include license suspension, hefty legal fines totaling in the thousands, jail or prison time, increased car insurance rates or canceled coverage, and a challenging impact on your personal and professional reputation, including the loss of housing or employment.

What Can Aggravate a DWI Charge in North Carolina?

In North Carolina, there are a number of factors that can cause a DWI charge to be categorized as aggravated. These factors include any prior convictions on your record in the last seven years, driving with a child inside your vehicle who is under the age of 18, causing a victim to experience serious injury or death, or driving with a revoked license.

What Defenses Can Help Get a DWI Charge Dismissed or Acquitted?

There are several defense strategies that your lawyer may be able to implement to seek a dismissal or acquittal in a DWI case. These can include challenging the legality of the original traffic stop that led to your arrest, questioning the accuracy of the chemical or field sobriety tests that caused your arrest, and pointing out any procedural errors that might have occurred.

Hire a DWI Lawyer Today

If you have been charged with a DWI in Wilmington, you need to hire a DWI lawyer as soon as possible. A successful conviction will leave a scar on your criminal record that you will never be able to erase, and it is better to get out ahead of this possibility by speaking with the team at Christina Rivenbark & Associates. Contact our Wilmington or Leland offices today and schedule a consultation with a member of our firm.