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Hello I was convicted of a DUI 1.25 years ago. will this show up on a back ground check by any future employers.?

Sacramento, CA |

I was convicted of a DUI a little over a years ago. Since then i have finished all of the requirements to have an unrestricted license. I am looking for a new job and future employers may do a back ground check. With the dui show up on my record? If So is there any thing i can do about this?

Attorney Answers 3


It is highly likely that it will show up. Once you have completed probation, you can make a motion pursuant to Penal Code section 1203.4 to have the plea (or conviction) withdrawn, and have the case dismissed. You may also want to consider filing a motion to terminate probation early. Consult an attorney in your area.

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Yes, it is highly likely that any decent background check will reveal your conviction. You should look in to pursuing a motion to terminate probation early and to dismiss the case (per Penal Code Sections 1203.3 and 1203.4, respectively.) A good, local criminal defense lawyer should be able to help you with this. But there are still some disclosure requirements that your attorney can advise you about. Most of us offer free consultations as well. Good luck.

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It will likely show up on a background check. The DUI might not prevent you from getting hired, but lying about the conviction is reason to fire you if the employer finds out later.

Others have mentioned that most private employers can't consider a criminal conviction that is dismissed under Penal Code 1203.4.

Unfortunately, a 1203.4 dismissal won't take the DUI off your driving record. If the employer gets your DMV record, the suspension resulting from the DUI would still show up, and an employer might not hire you because their insurance rates would go up.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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