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If i have a pending DUI case, what will both my criminal and dmv background check show?

San Jose, CA |

i have a pending DUI case. i may have a job opportunity that would require a background check. I have not been convicted of anything yet and still have not met for my DMV hearing. I'm trying to get an idea of what would be on both the background checks the potential employer obtains so that I can decide whether it's even worth my time.

no, my license has not been suspended yet as i have not had my DMV hearing. Also, am I lying about denying any convictions if i have yet to be convicted for anything? I'm concerned with how to answer the question as honestly as possible without disqualifying myself from the position. Lastly, does the state in which the position is being offered make a difference? thanks for all the help!

Attorney Answers 4


Has your license been suspended through the DMV administrative process, or is a hearing pending? That will show up on your DMV record.

Whether is appears on a background check depends on the company doing the checking. If charges have already been filed, it will show up on the court's records.

California Labor Code §432.7 says employers can't ask about any arrest that didn't result in a conviction, inquire about it from other sources or use it in a hiring decision. HOWEVER, they CAN ask about pending cases where you are on bail or free on your own recognizance.

My advice: tell the employer. If you lie on your application and they don't find out now, they could still fire you if they find out at any time in the future.

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 Avvo, 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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I agree with attorney Marshall - there are several ways to present it - do you know what the aleged alcohol level is? If you are going to plead guilty, then one charge may be better than another - you attorney, assuming they are a good DUI attorney should be able to answer these questions for you.

Good luck with your situation.

Matthew Williamson

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The actual arrest and charges will probably show on your criminal record. The DMV record should show a suspension that has been stayed (pending outcome of your APS hearing). If you have not been convicted. What you tell the potential employer is a tough decision and may depend on a number of issues.

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No. You are not lying about convictions if you have not yet been convicted.

Edward J. Blum

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