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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 33756
Experience:  15 years practicing criminal defense.
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Customer Question

I am a healthcare provider in virginia. I got a DUI in 1993. If I am asked on a job applicaton if I ever was convicted of a or arrested may I safely answer no. After 20 years would this show up on a standard job application in retail pharmacy
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Barrister replied 3 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Have you ever had the charge expunged from your record?
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Thanks
Barrister
Customer: replied 3 years ago.
NO I have not I did not know that was an option in the state of virginia if you are found guilty
Customer: replied 3 years ago.
No I did not know that expungement was an option in the state of va if you are found guilty
Expert:  Barrister replied 3 years ago.
Under current laws it can't be expunged. But it might have been possible in the past under previous versions of VA Code. I have seen clients get charges expunged that technically weren't eligible simply because the judge and prosecutor didn't object.
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With that said, a criminal conviction, which is what a DUI is, don't drop off someone's record after a certain number of years. They stay on a person's record indefinitely. So technically you couldn't answer "no" you haven't been convicted of a criminal offense. It would also show up on any criminal background check that an employer ran. However, since it is so old, it would likely not be an instant disqualifier for a job if it was disclosed. But if you don't disclose it and they run a check, it would probably eliminate you from consideration.
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Everyone makes mistakes in their life and I find that full disclosure is typically best in situations like this.
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Thanks.

Barrister

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