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Has anybody sued the DMV for preventing them from gaining employment because they keep the DUI is kept on Driv rec for 13 yrs?

El Segundo, CA |

The DUI (which was expunged from my criminal record in 2012 is preventing me from gaining employment in the auto sales & outside sales industries (because they consider it to be un-insurable with the DUI on the Driving record. I find this to be ridiculous as I completed all the items required & the court has expunged it from my criminal record. I feel that once the court expunges the record a person should have the right to demand the DMV do the same, but it seems impassible to remove it from the DMV (you just wait 13 years) Who's got that much time to wait to work in the field you worked in before the DUI (and the DUI was not on company time, nor were there any damages to property or life), just 2 a**hole cops claiming I was speeding and pulled me over saying nystagmus BS.

THE question I asked IS has anybody ever sued the DMV in order to get the DUI removed from their driving record BECAUSE it prevents them from getting a sales job ??? That should be a simple question to ask and I would think there would be a class action possibility with this one. It is certainly DISCRIMINATORY in nature because it prevents a person from gaining employment for an infraction that is over 3 years old AND was EXPUNGED by the criminal court, so therefore it should be expunged from the driving record as well. The DMV shouldn't have separate laws than the criminal system as they are ONLY a Licensing agency.

Attorney Answers 3


  1. Unfortunately the dmv record of administrative suspension stays on your
    permenant record but a 13 year old duo should not show up on the public
    driving record
    >


  2. An expungement only affects your criminal record not your DMV record and a DUI will stay on your record for 10 years.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.


  3. It's not the DMV that is to blame - they are merely the bureaucrats who implement the laws passed by the legislature. Lobbying your congressman may be a more fruitful course, although, with the majority of the public and MADD .solidly against drunk drivers, you may find little sympathy.

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