Legal Question in Criminal Law in California
I had a felony DUI 23 years ago, will that show up on a backround check for employment at an elementary school? How far back do these checks go? Many thanks!
2 Answers from Attorneys
Yes it will. Felonies stay with you for life. Years ago, someone wrote an article for the Litigation magazine, that was titled "The Hidden Penalties of Conviction." Your question illustrates one of the hidden penalties. This is why sometimes, at least when it comes to a felony, it is not always a good idea to plead guilty.
Records are forever. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.
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