I have 2 dui, same county. one relatively fresh. the other has a violation of 03/05 making past 7 years so why would I report that knowing if an third party was reporting? Working it i know.....thanks for any help. I have since been to rehab and got my life in order, hung it up, but the job thing is still a little tough.....but understandably...thank you anyone.
When you are looking for a job you must report everything on your record or you will not get the job simply because they will believe you are not telling the truth. DUIs do not count as priors after ten years have passed, but they still count as convictions for employment purposes. When you are off probation on both cases, you should try and have the DUIs expunged from your record. You should contact a lawyer or the court when you are off probation in order to file the necessary paperwork. This may help with your job search.
That "7 year" limitation is not applicable here. Very few employment background checks are done pursuant to FCRA. There are several more specific statutes in California, and even those are full of holes and gaps.
The sad fact is that almost any employer can learn of any prior conviction if it has been published on-line. More critically, if any employer wants to dig through the public records at the likely court clerk offices (or archives), even never-published convictions of almost any vintage are findable. Criminal convictions are public records and there is no expiration date.
Some Avvo askers believe that there are limits to reporting old convictions based on California statutes that limit the time spans for "consumer investigative reports." Also not so. "Consumer investigative reports" is a term of art that describes a particular kind of private investigation, far in excess of an employment background investigation. The laws for consumer investigative reports do not limit the age of criminal convictions that a potential (or current) employer can request and consider.
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