I had a DUI 15 years ago. Do I need to report is to a potential employer?

A DUI stays on your DMV record for ten years (it used to be seven). If your last employer only asked if you had been convicted of a crime in the past seven years, then you answered the question truthfully. If another potential employer asks if you were EVER convicted of a crime and you answer no, then you would be lying and could be terminated if they found out. Under Penal Code §1203.4, a person who is granted probation can apply to have the case dismissed after probation is complete. This is sometimes called an expungement, but it doesn't really expunge anything or seal your record. The conviction is still a part of the court's public records, which will also show the case was dismissed. You still must disclose the conviction when applying to be a police officer or for certain other jobs, or if asked on an application for a state license or to run for public office. It will not remove any restrictions on your right to own a firearm or relieve you of the requirement to register as a sex offender. The conviction can still be considered a prior offense; for instance, a prior theft conviction could make any future petty theft a felony, or a prior DUI conviction could be used to increase the punishment in subsequent DUI convictions. Many newspapers reported recently on Mel Gibson's "expungement" of his DUI conviction. A link to one article, explaining the limitations, is at the end of this article. BEWARE of law firms that promise to "clear your record" and charge thousands of dollars. The process of filing a Penal Code §1203.4 petition is pretty simple, and you can do it yourself with forms available from the court clerk's office, especially if you completed probation without any problems. If you had a probation violation along the way, you may want an attorney's help, but the guys who charge thousands to file simple paperwork will probably overcharge you for that, too. California Labor Code §432.7 says employers can't ask about any arrest that didn't result in a conviction, inquire about it from other sources or use it in a hiring decision. Some attorneys interpret this Labor Code section to mean you don't have to disclose a conviction that was dismissed under Penal Code §1203.4, but I usually advise clients to disclose it, with an explanation that the conviction was subsequently dismissed. Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like , anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

A San Diego California DUI expungement is an important legal procedure to: (a) withdraw a DUI plea, (b) obtain an Order setting aside the DUI conviction, (c) enter a plea of Not Guilty, and (d) obtain an Order of dismissal of the accusatory DUI pleading, upon successful petition to the Court for review of a San Diego California DUI or Drunk Driving - related conviction. The Court will first review & determine: • If the term of San Diego California Superior Court probation was successfully completed & concluded; • That all fines, restitution and reimbursement ordered by the court have been paid and everything ordered by the court was completed in a timely manner; • That the petitioner is not now on probation for another offense; • That the petitioner has no new pending California cases; The Court then may allow the petitioner to withdraw his or plea or finding of guilt or no contest, and thereafter orders the case dismissed. How does this help me? A legal withdrawal of plea, an entry of not guilty, and a court dismissal of a San Diego California DUI is obviously very useful. If the petition is granted, you are released from ALL penalties and disabilities resulting from the conviction of DUI. Expungement law (Penal Code Section 1203.4) provides in part: "[Petitioner shall]...be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except..." (1) The order does not relieve the defendant of the obligation to disclose the aforementioned conviction in response to any direct question contained in any questionnaire or application for public offense, for licensure by an state or local agency, or for contracting with the California State Lottery. (2) The order does not permit the defendant to own, possess, or have custody or control of any firearm capable of being concealed upon the person, and it does not prevent conviction of the defendant under California Penal Code section 12021. What about applying for jobs? If Private Employers ask if you have every been convicted of a crime, you generally can respond with "NO". (Each question is different so please first contact an attorney before answering any specific question, in every case and for every form.) On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you must disclose the expunged case. Can employers consider a California DUI conviction that has been expunged (dismissed)? In most San Diego 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. What doesn't a DUI Expungement do? Your dismissed DUI conviction can still be used to increase your punishment in future DUI cases. The offense is "priorable".

It depends on the question asked. If you are asked if you've EVER been convicted of a misdemeanor, you need to disclose it unless it has been expunged. Expungement is a process that allows you to avoid answering yes to the question of whether you've been convicted. Edward J. Blum