Legal Question in DUI Law in California

I received a California DUI--23 years ago, I completed everything court required. I am applying for jobs (federal jobs) and state jobs... all job applications in fine print ask "have you ever been arrested? or have you ever been convicted? My question is, is there a statutory limit where I no longer have answer yes to this question and explain. Isn't there a timeframe where I no longer have to have that follow me considering it's been 23 years ago?


Asked on 11/19/10, 9:26 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

No. Records are foreve. However, many felony and misdemeanor convictions including your DUI can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. 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. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. The Labor Code bars employers [not others] from asking about arrests without conviction, or seeking that info from other sources, or using that info to deny employment. If you�re serious about doing this, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 11/24/10, 11:26 am


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