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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Criminal Law
Satisfied Customers: 20012
Experience:  Knowledgeable in the subject matter.
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Is there anyway so that a DUI will not show up on a ...

Resolved Question:

Is there anyway so that a DUI will not show up on a background check? I am finding it difficult to get a job because of this.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Attorney & Mediator replied 6 years ago.
To clear up a criminal record from showing up on a background check you can request the expungment of your DUI conviction. In general the following criteria in California is considered for a dismissal of the record:

  1. If you were given probation, you have either completed it or obtained early release. If you violated your probation and it was either reinstated or revoked, then the court has discretion whether or not to grant you a dismissal.
  2. If you were not given probation, it has been at least one year since the date of conviction.
  3. You have paid all fines, restitution and reimbursement ordered by the court as part of your sentence.
  4. You are not currently under arraignment for a new criminal offense (charges pending), nor are you on probation for another offense.

According to California, the following offenses are not eligible for expungement:

If you were convicted of any of the following offenses you are not eligible for a dismissal under Penal code section 1203.4(a):

  • Any misdemeanor within the provisions of Vehicle Code section 42001(b).
  • Any violation of Penal Code section 286(c), 288, 288a(c), 288.5, or 289(j) (sex offenses)
  • A felony under Penal Code section 261.5(d).
  • Any infraction.

It is usually best to speak with a local attorney on expungements. However, you can handle this process yourself if you believe you qualify for the expungement. You can review further details on how to do this and access the forms for California here.



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Attorney & Mediator, Lawyer
Category: Criminal Law
Satisfied Customers: 20012
Experience: Knowledgeable in the subject matter.
Attorney & Mediator and 5 other Criminal Law Specialists are ready to help you

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