Legal Question in DUI Law in California

If I have a dui charge and have to get a live scan, how will that show up?


Asked on 11/04/09, 2:57 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Records are forever. All convictions 'show up' forever.

However, many convictions, including DUI, 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 DV crimes, if you completed and finished all terms of probation, and if you have 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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. 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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Answered on 11/09/09, 5:26 pm


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