Legal Question in DUI Law in California

in 2009 I received a minor in possession charge (I was 18 at the time), but I received the citation in Santa Barbara where they allowed me to complete an alcohol education course and go to an AA meeting to have that taken off my record, I think I remember it being dropped to a disturbing the peace charge. I am now applying for a job and the application asks if I have even been convicted of a crime other than a minor traffic violation, I dont know whether a disturbing the peace charge is minor charge, or whether I need to mention the MIP at all, thanks for your help!


Asked on 2/17/11, 11:39 am

2 Answers from Attorneys

Paul Burglin Burglin Law Offices

Disturbing the peace is a misdemeanor and not traffic-related. You should see if the matter was ultimately dismissed, or petition the Court for an expungement.

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Answered on 2/17/11, 1:30 pm
Joe Dane Law Office of Joe Dane

You only have to disclose convictions, not the arrest charge.

Disturbing the peace (Penal Code section 415) can be either a misdemeanor or an infraction. I don't know what level your conviction was, but now that the law has changed, you can seek to "expunge" both misdemeanors and infractions. It won't wipe the conviction off your record, but if granted, allows you to tell most private employers that you have not been convicted of a crime.

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Answered on 2/17/11, 2:26 pm


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