Legal Question in DUI Law in California

Yes. At least it is generally supposed to show under the Interstate Compact - see

http://www.sandiegodrunkdrivingattorney.net/oostate.html .

Even if expunged, it may depend on the kind of background check that is done.

A �hard� search involves you authorizing a government agency to release your records and you providing fingerprints. This type of search will show that there was a California DUI court case, a California DUI / charge of whatever you were charged with, and a dismissal with no finding of guilt and no California DUI conviction.

A �soft� search, which is done by most employers, utilizes a private sector company to search for convictions. This type of search will in most cases show nothing at all, in some cases it will show that there was a court case, a California DUI / charge of whatever you were charged with, and a dismissal with no finding of guilt and no California DUI conviction.

See http://www.sandiegodrunkdrivingattorney.net/California-DUI-Expungement-Q-A.html for more information.

Often it is a "wait-and-see." While it is generally true that such a DUI conviction will show up for a job in another state, it may not. It may also depend on the quality and quantity of the information and data inputted by the court or DMV clerk or technician. Sometimes the garbage-in/garbage-out or erroneous entry may save the day. Good luck.

1. Yes, it shows on your DOJ criminal record. Not all background checks search there.

2. You can't seek to get any conviction expunged until you are off probation.

3. While the general rule is �Records are forever�, some convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced, and if it was not for certain listed sexual molestation crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Your DUI qualifies for expungement. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensing by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction.

If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.