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Does an MIP (25662 B&P Infraction) need to be disclosed when asked if I have been convicted of a Misdemeanor?

Chico, CA |
Filed under: Criminal conviction

I was convicted on a plea of No Contest for the charges of 25662 B&P on November of 2011 but the degree on the docket says INFRACTION, due to my lawyer. My license was suspended for a year. On a job application do I need to legally check "Convicted of a misdemeanor or felony" due to the fact that I was convicted? However the charge is INFRACTION so I would think not? And when can I get this expunged and will it make a difference? How long until it does not show up on my DMV printout? Will it affect licensure for EMT as well? Thanks again.

Attorney Answers 3


You should answer all questions literally and truthfully. Since you have not been convicted of a misdemeanor or a felony, the answer is NO. There is no true expungement in California, but you can get the conviction dismissed, via Penal Code section 1203.4a, one year after the date of conviction. It may still appear on some background checks, but it will say dismissed. I doubt that one MIP will cause you much difficulty getting licensed, but you should disclose it if specifically asked about infractions.

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An application for EMT license most likely requires disclosure of this conviction, but it will not inevitably cause a hurdle for licensure if there is no other basis for concern about any alcohol problem in your life. Be very straight-forward and complete in your statement of the underlying facts and circumstances.

If you are already licensed as an EMT, check with your licensing agency and your employer to ascertain whether you have any obligation for self-reporting the infraction. Many CA licensing agencies require self-reporting, and the failure to meet that obligation is viewed as more serious than the underlying matter that should have been disclosed.

"Expunged" (California style which is NOT a deletion or erasure) is irrelevant for purposes of state licenses except that licensing agencies tend to disapprove of the failure to obtain a Sec 1203.4 dismissal when one is available by statute.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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I'm a Defense Attorney in Chico. I've successfully had many records expunged. Effective 2011, you can now get an infraction record expunged. You can this this one year after your conviction.
Here's the info. for employment:
Applying for private employment: Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code section 1203.4. So when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged.
Applying for government employment or a government license: For questions by government employers or on government licensing applications, if you are asked if you have ever been convicted of a crime, you MUST respond with “YES—CONVICTION DISMISSED.”
Call me at 530-580-8529, if you'd like to talk.
Best of a bright future ahead!

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1 comment

Christine C McCall

Christine C McCall


Applications for California professional and occupational licenses (and most federal licenses as well) require a full narrative statement accounting for all facts and circumstances underlying all convictions including those that have been dismissed post-conviction.

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