I am looking into becoming a Dental Hygienist in CA. I have two misdemeanor DUI convictions from 2011, and 2013. From what I have read, when the time comes for me to apply for my license, I will likely run into problems with the board concerning my record. Currently, I am on probation until 7/25/16, but would like to have my record expunged after that. I know that the convictions will still show up on some background checks, but I'm guessing I will have a better chance of obtaining licensing if there is evidence of expungement.
File your PC1203.4 Petitions for Dismissal on 7/26/2016. Best to consult with a licensing attorney in your area before filing your application. Disclosure of the convictions is required either way and you'll need explain what happened and what steps you've taken toward rehabilitation. Best of luck to you.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
There is no true "expungement" in California. The best we have currently is a retroactive dismissal under Penal Code 1203.4. It helps for employment, but it doesn't erase the conviction and you must still disclose it on licensing applications such as you're seeking. Yes, I've heard that seeking the dismissal, while not completely cleaning your record, does show a proactive step towards getting your past behind you.
I'd suggest seeking a paid consultation with an attorney that specifically handles licensing issues. They can further advise how best to proceed, what steps you can take now to make yourself a better applicant as well as to help you through the application (and potentially appeals) process. Consider their time an investment in your future.
At a minimum, if you haven't already, I would strongly recommend that just avoiding DUIs isn't enough at this point - you will need to demonstrate rehabilitation. Documented ongoing AA meetings, rehab, etc.
Discuss this all with your licensing attorney.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
I would look into hiring a criminal defense attorney to do a 1203.3 motion to terminate probation early. I have written letters for use by criminal defense attorneys to end probation early, because I have heard that judges need a substantive reason to let you off of probation early -- something more than just "probation sucks," in other words.
And yes, you do need a consultation with a licensing attorney, because getting licensed with your record will pose several challenges and the whole process needs to be managed carefully.
These answers are not legal advice, and cannot be relied on as though they are legal advice. Responses to your questions on Avvo do NOT establish an attorney-client relationship with me.
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