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Will a dui show up on a FBI fingerprint?

Sacramento, CA |

I already got my fingerprints done for a new job. The director said they are waiting for clearance. I got a dui 3years ago but I have already completed my classes and my drivers license back. I live in california. I put no i have not been convicted of a crime because it was my understanding that if you have completed the courses you dont have to put down anything. So my concern now is, is that going to show up on my FBI fingerprints? My new job is going to be at a preschool

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Attorney answers 4


I agree with Mr. Bialys; it will show up. But, since you completed everything, and assuming you have not had any further issues with the law, you can petition to have it expunged. I recommend you contact the court to see what the process is for expungement in that county. You may want to have an attorney assist you. I would do it right away, so as Mr. Bialys suggests, you can tell your employer you are in the process of expungement, which is why you answered "no."


A background check will flag the DUI conviction. To minimize the fallout, I suggest you voluntarily correct this misunderstanding because the misdemeanor DUI for the most part will not prevent your from getting hired as much as being viewed as trying to cover it up.

The information presented here is for informational purposes only and does not constitute legal advice. The Goodman Law Group, P.C. recommends that you consult an attorney with experience in your specific legal issue. Please contact us to schedule a confidential discussion of your situation. Such communication does not create an attorney-client relationship of any kind until a formal engagement agreement is signed by both you and the Goodman Law Group, P.C.


Your understanding is dangerously incorrect. Just because you completed all of the terms and conditions of probation, does not automatically terminate your obligation to list the conviction. You should not have put "no" on your application, because your conviction is still on your record.

At this point, you need to initiate the process to quickly expunge the conviction so as to advise the school and other potential employers that it is in process of being removed.


You have been inaccurate on your application and need to proactively correct that misstatement if there is any hope of not being viewed as untruthful. Yes, your FBI NCIC report, and your California Dept of Justice (Live Scan) record and your California DMV record will all show your prior DUI. Even after obtaining what passes in California for "expungement" (NOT an erasure or deletion of the record) the prior DUI will still be visible on all 3 of these criminal history reports, but the post-conviction dismissal will be there as well.

If your pre-school is licensed, you can expect some problems from the State based on the prior conviction and your failure to disclose it. The State automatically takes the position that failures to disclose were purposeful deception. Very likely your pre-school will be required to seek and obtain a State "exception" for you to be on the premises, and that exception may be difficult to come by. Post-conviction dismissals do not allow you to deny the prior conviction when there is a State obligation to report the prior as in applying for State licensing.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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