Legal Question in Education Law in California

Re: Does my conviction violate the California Education Code

Hello.

First, a so-called "wet reckless" is NOT an expungible crime. Alcohol related offenses are specifically exempt from the operations of Penal Code Section 1203.4!

Secondly, Education Code Section 44237 describes the manner in which an applicant for employment in public and or private schooling shall first be "screened" and their Dept of Justice (DOJ) record, if any, is to be supplied to the applicant's prospective employer.

Since a "wet reckless" is neither a "drug offense" or a violent felony (it is a misdemeanor) the Education Code is silent upon the particular School District's and or private facilities hiring practices.

There is no legal prohibition to your employment as a non-credentialed (or credentialled) teacher in the Education Code for a single convition as you have described. By way of example, if you wre seeking employment in a raditional or fundamental religious educational facility, their Board may have proscriptions against hiring you.

I hope this has been helpful

Sincerely,

Mark Mitchell Geyer