If my DUI was dismissed, do I have a legally clean driving record? 9 Answers as of August 04, 2011

I understand that a DUI stays on your criminal record forever and the only way to improving the conviction is to have it dismissed, which I have. My only problem is that certain employers ask for a "good" or clean driving record. With that said, I also understand that a DUI stays on your driving record for at least 10 years and shows on your 3 and 10 year printout regardless of how long ago you were convicted. So, since my DUI is expunged from my criminal record and the conviction is labeled as dismissed, and my driving record also shows my DUI but shows it was dismissed as well. Now, my question is that since my DUI shows that it was dismissed on my dmv printout, is that considered a clean or acceptable driving record? Assuming I have no tickets or accidents. Got my DUI 6 years ago.

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
That's a question that only the prospective employer can answer. And the answer will almost always be no. That's the sad irony of an expungement: if an employer knows you got something expunged they won't really want to hire you since they now know that you committed a crime at some point even if it was later dismissed. The truth is that many people, once they obtain an expungement, simply lie about ever having been convicted and hope that a records check does not show otherwise.
Answer Applies to: California
Replied: 8/3/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Although getting your conviction expunged has benefits, I do not believe that your driving record getting cleansed is one of them. Thus, if your insurance rates increased due to a DUI conviction, they would not go back down just because the conviction was expunged. Your driving record and your criminal record are two different things.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
A DUI will not appear on your DMV record if it was dismissed before a conviction. If it was dismissed by expungement it will appear for 10 years after plea of guilty or no contest. The arrest will be on your criminal record forever unless you get a finding of " factual innocence "
Answer Applies to: California
Replied: 8/3/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
There are two records when it comes to a DUI. Your criminal history record (RAP Sheet) and your DMV printout. It appears that your DUI case was dismissed by the DA. This means that your RAP sheet will show an arrest but the case being dismissed. The only way to get the arrest removed is by a motion for factual innocence. As for your DMV record a lot will be dependent upon what the DMV determined in their hearing. If they found against you there will be a DUI for DMV purposes.
Answer Applies to: California
Replied: 8/3/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If you got a DUI, there was likely a separate DMV civil proceeding. If you lost the hearing, perhaps through default, then the DMV will show a DUI regardless of what happens in the court case. An expungement does nothing to clear up any DMV administrative actions.
    Answer Applies to: California
    Replied: 8/2/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If by dismissed you meant you were never convicted or plea bargained the charges, then you would have a clean record of no conviction. However, what you meant was that you expunged the conviction, and no, you do not have a clean record. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, insurance, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. Any job involving you driving would require disclosure as a relevant factor for their insurance. Their insurance company will see the conviction when they check you license status. If you lie, youll get fired for cause.
    Answer Applies to: California
    Replied: 8/2/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    A dismissal under Penal Code section 1203.4 (commonly called an expungement) has absolutely no bearing on your DMV printout. Regardless of whether it gets dismissed in criminal court, it will remain on your DMV history for a minimum of 10 years.
    Answer Applies to: California
    Replied: 8/2/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    No- once convicted it stays on your record- A mere 1203.4 does not "delete" it from your record. The "arrest", the "conviction" and the "expunged" conviction is all on your record. As far as what is "acceptable" is up to the individual or company that is considering your employment
    Answer Applies to: California
    Replied: 8/2/2011
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