i was charged with a dui but was dropped to a wet reckless because my b.a.l was .07 ... in january it will be three years. will it still show up on my driving record?? i am applying for a job that requires a driving record check and i dont want this to set me back .
3 Answers from Attorneys
Yes it will likely show up. You could have your attorney request an expungment which would entitle you to say you were not convicted of the DUI. However, it will likely show up on your driving record.
A criminal conviction can be expunged (erased) after the probationary period has ended, IF you complied with all the terms and conditions. At that point, you can honestly deny the conviction for most jobs. HOWEVER, your DMV record will still show the 23103.5 action.
"Show up"? Yes, records are forever. That's the whole point of keeping them. However, many convictions can sometimes be 'expunged' by proper application and Motion to the court, but only if you completed and finished all terms of probation, and if you have no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. If you’re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.