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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88691
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I just spoke to the DMV Mandatory division. they are saying

Customer Question

I just spoke to the DMV Mandatory division. they are saying that even though the law went into effect in 2005, the 91 conviction and the 2001 conviction remain on the dmv report as "prior convictions" they will remain until the 03 conviction disappears in 13!. I stated that is not what the attorney is saying and that after 20yrs the 91 should be purged and yet is isn't. She stated that she would speak to her supervisor and then of course the phone went dead. At this point the 2 convictions are causing a huge problem in employment. What is our recourse, can we get these 2 purged from the report that goes to employers. And yes we know that are on the permanent record but only want them off what the employer gets. Please give us a clear line of defense to take to the DMV, again this is regarding a class A license in the state of california
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
You were given the court case yesterday by us stating that these convictions stay on your record even though the new law went into effect in 2005. Also, they do not really "disappear" from your record, that is a misnomer from whomever you spoke with. They never come off of your drivers license, they are just not reported as convictions after 10 years, but they remain on your records. The employer will not get them on any background check after 10 years and they are not supposed to be released by any background checks.


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Customer: replied 2 years ago.

Thank you for clearing this up for me. I know that everything will never be takened off my record with the DMV. Under the 7 year law, after this time did elapes, it would no longer show on the printout. Under the 10 year printout, it is still showing 1991, and 2001. Both of these should no longer be showing on any printout, according to what you are saying. Just the 2003 thats still active until 2013. I am going to be hired by CR England trucking in December. I am going to quit this low paying slave job, to do this. My concern is that this can come back to bite me later. But base upon what you are saying, this should not affect my chances. Am I correct, or not correct?

 

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State/Country relating to question: California

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Expert:  Law Educator, Esq. replied 2 years ago.
You still have the one on your record from 2003 and that could hurt your chances.

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