I had a DUI in CA in 1989. An job application asks if I ever had an arrest since age18. Do I have to say yes?
I am applying for a state job in another state, (not in CA) I had a DUI 20 years ago in ca CA. Will this show up in a background check 20 years ago and would it be considered a misdeamenor? ...
I am applying for a state job in another state, (not in CA) I had a DUI 20 years ago in ca CA. Will this show up in a background check 20 years ago and would it be considered a misdeamenor?
What happens after my California DUI record is expunged by my California DUI attorney?
You will receive a California court order setting aside your California DUI conviction and dismissing your California DUI case. California DUI / Criminal record databases should be updated to reflect that your California DUI conviction was set aside and your California DUI case was dismissed. Your California DUI lawyer will get that for you.
Can employers consider a California DUI conviction that has been expunged (dismissed)?
In most California DUI cases, the answer is NO!
Once your California DUI cases is expunged (dismissed), it is no longer considered a California DUI conviction and California Labor Code 432.7(a) prohibits employers from asking an applicant to disclose information concerning a California DUI arrest or detention that did not result in California DUI conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring. An employer who intentionally violates this section can be liable for a misdemeanor, plus fines, and attorney’s fees. This section does not apply to criminal justice agencies, health facilities, and has a few other narrow exceptions.
Will the expunged California DUI show-up when someone does a background check?
That depends 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.
Please note that even in the event of an expungement, both California DMV and Prosecutors will have access to California DUI prior records in order to enhance possible penalties against you should you get another California DUI. Always consult a California DUI Attorney in these matters.
Click here for more California DUI expungement information.
Only you would know what the charge was. Whether it was a misdemeanor or felony 1, 2, etc…. Background checks do not exceed 7 years although depending on the position you are applying for they can go as far back as 10 years. Those that require a background check of 20 years are the upper white collar and governmental positions.
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