Legal Question in DUI Law in California

23103 vc conviction -

I am a recent college grad doing an

internship at a private school. I was

planning on going to grad school for

teaching and school counseling. At

19 I was arrested for a DUI and it

was reduced to a 23103 VC (BAC

.08) . I have just received from the

Department of Social Services a letter

informing me that I need to get a

criminal record exemption. Do I need

to get a lawyer for this? Should I

give up the idea of teaching? What

was the point of getting the charge

reduced if it does nothing? I am

getting mixed info on the ability to

expunge my record. Can I reopen

the case and fight it all the way to

jury trial? Please let me know what

to do. Thank you.

Asked on 3/20/09, 9:06 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: 23103 vc conviction -

Cases do not get 'reopened'. You can try to get it expunged, meaning that your record would show it as 'dismissed'. That would allow you to say 'no' to conviction on most private employment applications in future. However, the actual conviction and expungement MUST be disclosed in full on any application for professional licensing, bonding, security clearances, law enforcement positions, political office, etc. The best you are going to do is explain and persuade DSS to allow you a license. Follow their rules and instructions in the letter, and ask them questions about how to do it if necessary. Ask for help and sympathy. If you are serious about hiring counsel to help you, feel free to contact me.

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Answered on 3/23/09, 2:23 pm

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