Legal Question in DUI Law in California

I plead no contest to a DUI charge last year. I am looking for employment at a hospital. They do a background criminal background check, should this hinder me from being hired? and my DUI was a misdemeanor does that come up on my background.

Asked on 6/25/13, 8:15 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Every arrest, every charge, and every conviction is part of your permanent 'record' that will 'come up' in background checks. It is up to the employer whether they hire you or not.

However, some CA criminal convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, but ONLY IF all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify.

If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT ‘clear’, 'remove', ‘erase’ or ‘disappear’ the conviction. Nothing will. ‘Records are forever’. Expungement does change the record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses with the court and DMV.

Expungement will help in obtaining employment. When applying for a job in the PRIVATE sector, in response to any question concerning your prior criminal record, you may ‘legally’ deny that you were arrested or convicted of the offense.

However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc]. The licensing agency and employer then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.

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.

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Answered on 6/28/13, 1:32 pm

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