Q: I have a conviction for driving under the influence on my record. It has been eight years and I was a lot younger. I recently applied for a job and was wondering if it shows up on my record. The matter is long ago closed. Can I expunge the DUI?
W.L., Long Beach
A: A California DUI conviction can be expunged once your term of probation expires. This means that you have not only completed probation, but also paid any fines, finished any other requirements related to the case (such as DUI school) and have no subsequent arrest.
There is a basic form entitled “Petition for Dismissal” that must be filled out, filed with the court and served (often on the district attorney). Here is the online link: courts.ca.gov/documents/cr180.pdf.
If dismissal is granted, the court must issue an order, which can also be found online: courts.ca.gov/documents/cr181.pdf.
There are also attorneys who seem to offer specialized services that can handle expungement for you. It may be tempting to handle the effort yourself to save some money; but just think about what is the most prudent way to try to make sure it is done correctly. The lawyer, or the service you may employ, should be able to provide further guidance, such as with regard to the second question below.
Q: If my old DUI is expunged, can it still have an impact on my getting a job or license?
A.B., Sherman Oaks
A: Expungement is authorized by California Penal Code Section 1203.4, and can release you from several negative effects of a DUI conviction. Once a DUI is expunged, a prospective employer may no longer utilize it as a basis for adverse employment consequences. California’s “ban the box” law prohibits an employer from inquiring about arrests or convictions on job applications or otherwise before a conditional job offer is made. Further, an expunged conviction does not have to be disclosed; should the employer learn about it, the DUI still cannot legally be used when decisions are made about retaining or promoting you.
The expungement does not, however, affect your duty to disclose the conviction if you apply for state licenses or teaching credentials. Also, the dui is a “priorable” offense in California, so DUI penalties will likely increase with each conviction that is within a 10-year time frame, even if the conviction has been expunged.
Bottom line: no more DUIs, of course! And none ever obviously is best.
I had a good friend who was required to install the “breath test device” on his steering wheel. I recall his sheepishly explaining to me why it was there. It did not increase his clientele, let me put it that way. I also have had the difficult task of representing a mother whose young son was killed by a drunken driver. Words cannot describe that kind of avoidable tragedy.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
Source: Orange County Register
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