I have a non-violent felony DUI. I'm applying for an automotive salesperson license in California. Will it be denied?

Depends what the felony was for. Theft or fraud might cause you problems.

I don't know if it will be denied or not, but I would think that a felony dui would cause problems for an auto sales license. It might not though if you are properly licensed to drive and enough time has passed since the conviction.

Even if your conviction was dismissed ("expunged") per PC 1203.4, you still must disclose the conviction on any application for a state license. Contact a licensing law attorney for advice on how the conviction will affect your chances of obtaining a car salesman's license. I have changed the practice area of this question to licensing so that more licensing attorneys will see it.

What elevated the DUI to a felony? Was this a first offense? You need to speak with an administrative law attorney regarding how to deal with obtaining the license. One of the best is Christine McCall in Pasadena who often contributes here on . I would suggest contacting her office.

Let me be absolutely clear on this issue: the DMV has the legal right under CA Business & Professions Code section 490 to deny your application based on any criminal conviction, felony or misdemeanor, "expunged" or not, recent or ancient. And DMV will almost certainly deny your application initially. Thereafter you can exercise rights of administrative appeal but, before you do, consider the fact that the result of a evidentiary hearing will be a proposed decision -- not binding on the agency. For that reason, your better option is to retain legal counsel and negotiate an agreed upon stipulation for the license. No point in fighting with the agency if DMV gets to make the call in the end -- and they do. I handle a lot of these DMV Salesperson applications and I presided at a number of DMV Salesperson license hearings when I was serving as an Administrative Law Judge. I have never seen DMV issue an unrestricted license to any applicant with a felony. You might be able to obtain a restricted (probationary) license if you can make a strong showing of rehabilitation (and it seems possible that perhaps you can). Take a long close look at the statutory factors of rehabilitation and start putting those elements into place in your life. Talk to a local criminal defense attorney about any post-conviction remedies that you may be eligible for. Wrap your mind around the fact that your first application won't succeed, but that a subsequent one may get you where you want to go. Good luck to you.

I worked as a Staff Counsel for the Legal Services Division of the California DMV and presented cases before the Office of Administrative Hearing (OAH) which as Ms. McCall noted in her answer is the forum that you will appear before to appeal an initial denial of your salesperson application. I concur with her answer that felonies draw particular scrutiny from the DMV in their occupational licensing process, and that in addition to getting an expungement, you need to closely examine the rehabilitation criteria and try to comply with as many factors as possible. Ms. McCall properly recognizes that while OAH ALJs can issue decisions recommending probationary licenses, it is the DMV that will ultimately make the decision as to whether you can be licensed. When I considered cases such as yours in the past, it helped considerably if your had already established an employment relationship with a motor vehicle dealer who was willing to supervise you and vouch for the fact that they recognized what happened in your past and still wanted to hire you because of your records and actions since that time. If you have such a relationship, you should make the DMV aware of it and highlight the fact that you will be closely supervised.