Is a civil offense DUI in California considered a minor traffic infraction? 4 Answers as of December 09, 2010

When I was 20, I was pulled over while being drunk (.080). For being honest with the officer, he reduced my DUI to a "civil offense". I was told I only had to fill out an SR-22 and pay $100 to receive my license a year after it being suspended. I did not have to pay any additional fines or go to court. 2 years later, I am applying for jobs and the application asks, "Have you ever been convicted, placed on probation, forfeited bail or paid a fine for a violation of any civil or military law except for minor traffic infractions? This includes, but is not limited to: driving while under the influence (DUI) and possession of illegal or controlled substances-It does not include minor traffic violations." I want to accurately answer this question, but I do not know where I stand in this case.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
DUI is a criminal misdemeanor, punishable by up to a year in jail. NOT a civil offense. You simply got a break on the punishment. If you check your DOJ record, I am willing to bet you will find a criminal conviction. If you are still unsure, or think I am wrong, you can have DMV run a record check on you, or do so at your local police station. Do so before denying conviction, as it is perjury if you have been convicted.

However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' 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' for purposes of repeat offense, 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 and employment because of your conviction. The Labor Code bars employers [not others] from asking about arrests without conviction, or seeking that info from other sources, or using that info to deny employment. Private parties are not supposed to be able to access the records, but like all rules, there are ways around it. If youre serious about doing this, and you think you qualify, feel free to contact me for the legal help you'll need.
Answer Applies to: California
Replied: 12/9/2010
Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
How long ago was this? I would disclose it, but explain that you have no criminal conviction, just a license suspension from DMV.
Answer Applies to: California
Replied: 12/7/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Sounds very strange - like the cop gave you a break and never charged you. Go to the courthouse where this happened and look up your docket and see what is on it. If it is a 23102 (a) or (b) you were convicted of a misdemeanor and need to list it. Anyhow, write me after you have looked up your record. Another idea is to take a photo of yourself' to to a local police station and give them the photo. They will probably charge you $10. Ask them to run your CI&I which is your statewide record.
Answer Applies to: California
Replied: 12/7/2010
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
It is a misdemeanor-but sometimes can be reduced to an infraction for minors.
Answer Applies to: California
Replied: 12/7/2010
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