Legal Question in DUI Law in California

I got a misdemeanor for a DUI. Assuming I successfully complete my summary probation, I was wondering if it's even beneficial to get my case expunged. I looked into it and it almost seems that there is no real benefit in California, mainly because prospective employers can still see that you have a mark on your record. Is this true?


Asked on 8/17/09, 12:38 pm

2 Answers from Attorneys

Gary Polston The Law Office of Gary M. Polston

It depends on what the employer is looking for. A lot of employers only ask their background companies to report convictions. If that is true, no conviction will show up and there will be nothing to report (I have been advised by an employee of an investigation company that they are legally obligated to only report what is requested).

Most people like to expunge the case because it clears matters up, a way of putting the past behind. However, if someone looks hard enough, they can find something (and the expunged case will count as a first DUI if a second were to occur in ten years).

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Answered on 8/17/09, 3:06 pm
Terry A. Nelson Nelson & Lawless

Records are forever. Expungement simply changes it to show 'conviction reversed and case dismissed by expungement". Yes, it is worth doing, but not a magic wand. Feel free to contact me if serious about doing so.

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Answered on 8/17/09, 4:27 pm


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