My son received a 502 5 years ago and is now applying for a job where there is a question on the application asking if he has ever been convicted of a misdemeanor or a felony. He did have a attorney, paid his fine, and attended a class as instructed. Is this considered a conviction that must be disclosed?
2 Answers from Attorneys
If he plead guilty or was found guilty to a violation of Penal Code Section 502.5 the answer is yes. But if all he had to do was pay a fine and attend a class I'm not sure that is what happened. He can check the file at the courthouse or call his attorney to check. If he was found guilty he can file a motion pursuant to Penal Code Section 1203.4 to set aside the conviction and if granted he can legally answer the question, "No."
Most people say "502" mean a DUI.
A DUI is usually a misdmeanor, and therefore he would have to answer "Yes" and disclose the conviction.
However, as Mr. Shapiro pointed out, he may have completed his probation (usually 3 years on a 1st DUI), and therefore he is eligible to seek an expungment under PC1203.4. Usually very easy to do, and relatively inexpensive (I charge about $1500 to do these locally).
BUT - I would add, that an expungment only means that the private sector would not see it in a background check, allowing him to legally answer "no" to private employers. Goverment background checks will still reveal the conviction.Talk to an attorney to understand this process better.
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