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How do DUI's show up on a background check ?

Rancho Cucamonga, CA |

I'm still on summary probation for 2 years for a 1st offense DUI. I'm finished with the alcohol program but still paying off the fine monthly, is it going to show up on a background check as still open because I'm paying it off? Would it be beneficial to just pay the fine, or does it not make a difference?

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Attorney answers 5

Posted

If you pay the entire fine off and are done with all the requirements, you can Petition for Early Termination of Probation in order to terminate probation early, and at the same time Petition for Relief under 1203.4 - a dismissal. (Note that some Judges are reluctant to terminate probation early on a DUI).

If you pay off the fine but are still on probation, you are still on probation as far as your public record is concerned.

It really depends on the potential employer as to whether being on probation or not for a DUI will have an affect on your ability to be hired.

Posted

Your DMV record will show the DUI for 10 years even if you take the steps recommended by my colleague. Those steps, a petition for early termination and a 1203.4 dismissal won't even take the DUI off your criminal record which will still show an arrest, a conviction and a note that the conviction was dismissed.

Posted

Thank you for your question.

It does make a difference if you want to terminate probation early or get an expungement. Penal code section 1203.3 allows you to terminate probation early after a minimum of one year probation served. Penal code section 1203.4 allows you to expunge your conviction and clear your record, if you have finished probation. Both sections require that you take care of all conditions of your sentence, including paying the fine.

I hope that this helps, but if you have any other questions, feel free to post here. It's my pleasure to help in any way that I can, and best of luck to you.

Posted

I would recommend petitioning for early release from probation when the time is appropriate, then once off probation, try to get the conviction expunged. Note you would have to pay off the fine in full first. Once expunged, the conviction will show up as "dismissed" on your record. Further, if asked whether or not you have been convicted of a misdemeanor for certain types of employers (such as most job in the private sector), you can list "no." There are more complexities to expungements and limitations than this brief general summary. If interested in pursuing that route, you should contact an attorney by phone or in a meeting to discuss in more detail.

Posted

I would recommend petitioning for early release from probation when the time is appropriate, then once off probation, try to get the conviction expunged. Note you would have to pay off the fine in full first. Once expunged, the conviction will show up as "dismissed" on your record. Further, if asked whether or not you have been convicted of a misdemeanor for certain types of employers (such as most job in the private sector), you can list "no." There are more complexities to expungements and limitations than this brief general summary. If interested in pursuing that route, you should contact an attorney by phone or in a meeting to discuss in more detail.