I am 43. And have 2 DUI's. 2008 and 2010. Being honest towards future employers has not done me any good.

Have you tried filing a 1203.4 motion to dismiss. It will be more difficult to get the first one dismissed as you had a probation violation. Also the second one, I am assuming you are still on probation on that case, which means at this point a you would not qualify for a dismissal unless you were able to end your probation early. You have a good chance of ending probation early because of the difficult times you are currently facing. Look into it and feel free to call me with any questions. Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720

You might try and seek relief under 1203.4. This will be an uphill battle if you are still, as I suspect, on probation for the 2010 DUI. Uphill as you can not obtain 1203.4 relief if you are on probation. If you have unfinished DUI classes and unpaid fines, the court will not grant relief. See an attorney.

DUI is a crime, you have a criminal record.

Here's an answer based on the law, as well as a few suggestions: First, clean up your criminal history the best you can under the law. You can seek a dismissal of your cases under Penal Code 1203.4 once you're off probation. Probation will expire on a specific date as a term of your plea (it may be 3 or 5 years for a second DUI), but upon a showing of "good cause", you may convince a judge to terminate your probation early. Showing that you cannot get employment because of the probation, etc. may help. This won't be a do-it-yourself project though. Once you're off probation (either way it ends), you can then file for the dismissal under 1203.4 (commonly called an expungement although that name is misleading, since it doesn't truly "expunge" anything). If your 1203.4 is granted, you can then tell private employers that you don't have the convictions. One word of caution though - even if they're dismissed under 1203.4, that will NOT affect your DMV history, so if your job application requires a DMV background check, they'll find the convictions. So - that's the legal side of things. Now the other. Aside from doing what the court requires as a term of your probation, have you done anything else to demonstrate to employers that you're not at risk to reoffend? I'm sure they're concerned from a liability standpoint that you may drink and drive in a company vehicle and/or be intoxicated at work and screw up something, causing liability for them. Have you done a rehab program? Are you attending AA meetings? Those things may go a long way to showing an employer that you're owning up to your past, admitting it WAS an issue, but that it no longer is. In addition, those steps of rehabilitation (rehab or AA meetings) can help to document your case, should you try to terminate probation and convince a judge there's no need to keep you on probation. As I said, this won't be a shoe-in and you shouldn't attempt this on your own. Your best shot is with a lawyer that routinely practices in the court where your case is. Best of luck.