Does Probation Remain on Your Criminal Record?

Interviewer: How long does probation stay on a person’s criminal record?  Do they remove it after five years?  How long does it take before they can actually have that removed?

Probation Remains on Your Record Unless It Is Expunged

Court Koehler: The probation would be on your record unless you got your record expunged. That would kind of be a consequence of the conviction rather than the probation.

If you have a conviction, then it’s possible to get that conviction expunged from your record after a period of time.

Is Alcohol Restriction a Common Condition of Probation?

Interviewer: Now we talked about drug testing for supervised probation.  What about alcohol testing?

Court Koehler: An alcohol restriction will usually be a condition of the probation, especially for an offense like a DUI.  If you have a DUI and you have supervised probation, now that being said, you won’t get supervised probation if you just had one DUI, but if you have a serious DUI where you tested for high blood alcohol content or multiple DUIs, you may get supervised probation.

Probation for DUI Convictions Usually Entail an Alcohol Restriction

In that case, many times, there is a restriction where you can’t have any alcohol. They’ll test for alcohol just like they do for other illegal drugs.  If you have any in your system, it’s a violation of the probation.

If it was a crime that doesn’t involve alcohol at all, then it may not be a condition of the probation.  It depends on what the judge says.  When the judge sentences you and he’s telling you what the fines are and what the jail time is and what the probation entails, he’ll go specifically through all the conditions of the probation.  Most of the time there’s some sort of an alcohol restriction.

Interviewer: That testing will administered in addition to the drug testing when they meet with their probation officer?

Court Koehler: Technically that’s how it’s supposed to work, but again, the probation officer has a good amount of discretion.  Basically he can say, “I want you to drug test right now, because I think you’re going to be negative or positive or something like that.”  Or he can just choose not to do it.

Interviewer: I imagine advice for anyone that has a conviction where they have to take the alcohol testing, is not to drink alcohol.

Court Koehler:  Yes.

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