DUI case and Live scan need explaining: I got my 2nd DUI last year. In Jan 2016, I agreed to 180 days of home confinement with half served starting in April. So I pre-booked when I needed to, and started the program but because of alcohol in some food I ate my Probation officer decided I wasn't following the program and arrested me. I served 21 days in jail which was the rest of my term. I'm now going through the background process for a job and the 21 days came up on the live scan, which is confusing the employer because it looks like a separate charge. I went to every court and probation person I could go to, but no one can really prove the jail time was part of the DUI charge for me and there's no paperwork that says it either. This job requires a gaming license so they're very strict, but how can I prove the jail time was for the DUI charge? Will the license be revoked by the US Federal government because of this or do they have access to see it's all together? How do I show the background agency this was all under one charge and not something separate?
Bart’s answer: I agree with the previous attorney's answer. Home confinement is also considered "jail time" even though you do it outside of the jail property. But your probation violation is what caused the confinement. One way to prove this is to go to the clerk's office and ask for the court minutes of your case to see if your jail term was logged in. In the grand scheme of things, the license agency may only be looking at the conviction of the 2nd rather than the actual jail time imposed.
I have a warrant from 9 years ago in California and want to figure out what to do: I received a driving on a suspended license about 9 years ago when I was 22. License was suspended due to a DUI. I was told to sell my car or get an interlock, and was told to complete community service. I was moving to Alaska so I sold my car, and then had my community service transferred to AK. I ended up not completing my community service however it has now been 9 years, I haven't even received a speeding ticket since getting my license back, I have done a considerable amount of volunteering with the homeless shelter and with non profits in the state of WA, two of which I formed myself, have since graduated from college and have a very stable life. I learned my lessons with my mistakes and I just want to get this matter taken care of without jail. Is that a possibility?
Bart’s answer: In Orange County, your case will be handled by one of four possible judges depending on what courthouse your case was in. From what you've shared so far, it sounds like you were placed on probation 9 years ago and that the extent of your violation will be taken in context with all that has happened since then. So in short, some more information would be needed to evaluate what can be done with your case.
How long will a misdemeanor drug charge show up on my background check?: My Uber account was suspended after background check.
Bart’s answer: Both attorneys are correct. Depending on the industry/market you work in (or plan to work in), the likelihood of have a background check run on you is very high. Therefore, petition the court for a set aside as soon as your jurisdiction allows and this will minimize your drug charge from being reported.