Legal Question in DUI Law in California

Re: continued with out finding

You answered your own question. She is legally required to disclose all convictions, whether expunged or not. If she lies, it is perjury and she'd be fired upon disclosure during the FBI background check.

Re: continued with out finding

I believe she can legitimately say that she has no criminal record or no prior criminal convictions. While a CWOF does require the defendant to "admit to sufficient facts," i.e., admit the prosecutor's case is what actually happened, the 'conviction,' if any, is "continued" during the probationary period, and is excused if the probation is successfully completed and all terms and conditions of the CWOF are satisfied.

While the charges and the CWOF disposition will appear on her official Massachusetts criminal record (Bd of Probation record or BOP), it does not cout as a prior conviction or previous offense with regard to subsequent charges.

Re: continued with out finding

Since her case was Continued Without A Finding (CWOF), she was not convicted. If all went well, at the end of the 18 months, her charge should have been dismissed. If this was the case, she can now legaly and truthfully say that she was never convicted of that offense. I am sure that there are many many teachers who have OUI charges on their records as well as many police officers, judges, and doctors. She should be fine. Good luck to her future.

Re: continued with out finding

She can petition the court to seal the record.