Legal Question in DUI Law in California

It's anybody's guess. If you successfully completed your probation, ask us about having the arrest and conviction "expunged."

Depends on whether the exchange of interstate information is as reliable in practice as it is in theory. See http://www.sandiegoduilawyer.com/out_of_state.html .

What happens after my California DUI record is expunged by my California DUI attorney?

You will receive a California court order setting aside your California DUI conviction and dismissing your California DUI case. California DUI / Criminal record databases should be updated to reflect that your California DUI conviction was set aside and your California DUI case was dismissed. Your California DUI lawyer will get that for you.

Can employers consider a California DUI conviction that has been expunged (dismissed)?

In most California DUI cases, the answer is NO!

Once your California DUI cases is expunged (dismissed), it is no longer considered a California DUI conviction and California Labor Code 432.7(a) prohibits employers from asking an applicant to disclose information concerning a California DUI arrest or detention that did not result in California DUI conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring. An employer who intentionally violates this section can be liable for a misdemeanor, plus fines, and attorney�s fees. This section does not apply to criminal justice agencies, health facilities, and has a few other narrow exceptions.

Will the expunged California DUI show-up when someone does a background check?

That depends on the kind of background check that is done.

A �hard� search involves you authorizing a government agency to release your records and you providing fingerprints. This type of search will show that there was a California DUI court case, a California DUI / charge of whatever you were charged with, and a dismissal with no finding of guilt and no California DUI conviction.

A �soft� search, which is done by most employers, utilizes a private sector company to search for convictions. This type of search will in most cases show nothing at all, in some cases it will show that there was a court case, a California DUI / charge of whatever you were charged with, and a dismissal with no finding of guilt and no California DUI conviction.

Please note that even in the event of an expungement, both California DMV and Prosecutors will have access to California DUI prior records in order to enhance possible penalties against you should you get another California DUI. Always consult a California DUI Attorney in these matters.

Click here for more California DUI expungement information:

http://www.sandiegodrunkdrivingattorney.net/California-DUI-Expungement-Q-A.html .

Hope this helps.

Yes. It is part of your permanent record on the DOJ database.

Background checks, like records, go back to 'forever'. However, some convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced, and if it was not for certain listed sexual molestation crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. DUI's can generally be expunged. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensing by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.