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Had DUI lowered to a speed Ex. But my background check for prospective employer had my DMV MVR- Motor Vehicle Record- show DUI
Anonymous10 views8 answers
I had a DUI (.088 blood) charge lowered to a Speed Ex. However, the Van Nuys court accidentally sent the DMV a document saying I was convicted of DUI. It was supposedly fixed the following day from court. I did lose my license for 30 days. My question is, a prospective employer just sent me my background check and on there is my MVR (Motor Vehicle Report) Specifically says SERVICE: Motor Vehicle Report: MVR: Major Violation = DUI or Drug Violation Alone... It ALSO has my Speed Exhibition charge in there so this feels like a double whammy.
I called the DMV mandatory action unit and they said according to THEIR records, I was CONVICTED of the DUI and that the Van Nuys court needs to send a letter stating otherwise to fix. Well. Van Nuys says DMV is wrong. I'm stuck in middle. Please Help!
You need to speak to a criminal defense attorney, not an employment law attorney. I suggest you re-post this in the Criminal Defense practice area. Good luck to you.
Michael Stephen PittmanDUI / DWI AttorneySurprise, AZ ·
You need a criminal defense Attorney.
The best way to do this is by clicking on the find a lawyer tab on . Then find one that will offer a free consultation. This benefits you in two way, first and foremost you need to find an attorney who fits well with you and secondly to make sure that they are skilled enough to take on your case. The best case scenario is that you get your questions answered and you get a powerful attorney to help you if you need one.
The attorney who represented you and got the Speed Ex should go to the court clerk to have a corrected "Abstract" sent to the DMV showing the only conviction for VC 23109. Unless an official abstract is sent to DMV, your record will remain in error.
On the other hand, background search companies often send misleading information. Your DMV would show an arrest for DUI with a suspension (I take it the DMV upheld the Admin Per Se suspension at your hearing), but the last entry should show the DUI being dismissed upon your plea to the Speed Ex. Hopefully it was in one of the smaller trial courts in Van Nuys and not Dept. 103 that handles 100 cases a day.,....
This is something you may be able to handle yourself, but it would most likely save you a fair bit of time and hassle to hire an attorney. Communications between the court and the DMV are not always perfect, and if you were indeed convicted in court of a speed exhibition, and the DUI was dismissed, then a certified minute order could show the necessary proof.
Getting those things from the right people and getting them to the right people tends to be the trick, so to speak. As lawyers we tend to be more used to working in the system and may have an easier time getting things done.
Your time is worth something to you, and there's more to life than spending your free time on hold with the DMV or courts. Consider speaking with an attorney, and take your time to look for one you trust.
