Will a dismissed D.U.I prohibit me from employment in child care? 12 Answers as of June 23, 2011

My girlfriend got a d.u.i. a few years ago, but got the case dismissed after completing probation and a first offenders program. She is now trying to get a job as a teachers aid at a licensed facility, she has to take a live scan finger printing and background check. I am fairly sure that the arrest will show up on the background check, but if the case was dismissed and she was not convicted, will it she need to get a licensing exemption for her job?

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
I don't know what you mean by "dismissed." If you mean she got an expungement, then the conviction should not show up any more. Remember, she was convicted regardless of what may have happened afterwards. That fact can never be undone, but an expungement should serve the purpose of allowing her to be employed - that's why it exists. Feel free to call me if you'd like help figuring the situation out.
Answer Applies to: California
Replied: 6/23/2011
Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
No, she didn't get convicted. However, she needs to be aware of how the questions are asked, such as "Were you ever arrested?" opposed to "Were you ever convicted?" Just be honest and explain if necessary.
Answer Applies to: California
Replied: 6/21/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If what happened was actually dismissal without any plea, conviction or sentencing, through deferred entry of judgment, then her DOJ record will show arrest with subsequent dismissal, which should not cause her detriment. The application should not request disclosure or explanation of arrest without conviction, although they will see it on her records. DUI should not seriously affect this employment anyway. Since there is nothing she can do to erase the record, your question is for curiosity only.
Answer Applies to: California
Replied: 6/21/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Legally there are no guidelines for disclosing an expunged conviction. We do know that it must be disclosed when applying for a license of any sort. We also know that it will show up on the official record despite the dismissal. I usually advise clients to disclose if the prospective employer is a large organization, because they usually have access to a large data base.
Answer Applies to: California
Replied: 6/20/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
If the case was dismissed she will not have a problem with this showing up on her background check.
Answer Applies to: California
Replied: 6/20/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    First of all by "dismissed" I assume you mean an expungement per PC 1203.4. While called a dismissal it is not the same as a dismissal where no conviction occurred. Since she had to do the alcohol program and had probation I assume you she was convicted. Second, dismissed cases or any other behavior can be considered by the licensing boards including those who regulate teaching credentials. That being said it is doubtful that a first offense DUI would prevent her from becoming a teacher. She should disclose it however in response to an appropriate question. It would be found in any event by the type of background check that the licensing board would do.
    Answer Applies to: California
    Replied: 6/20/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    Completion of the first offender program will not result in dismissal of your friend's case. Also, the fact that she was on probation is an indication that she was convicted of the offense and that the offense was not dismissed. The only way to get the case dismissed at this point would be to file a motion for expungement. The licensing board and/or the prospective employer are the only entities that can advise as to whether the prior conviction would prevent employment.
    Answer Applies to: California
    Replied: 6/20/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    When you say, the case was dismissed, what do you mean exactly? Just because probation ended doesn't mean the conviction was dismissed. Did she have the conviction expunged? If she was on probation and did an alcohol program, then there was a conviction. If so, and she has not yet gotten the conviction expunged, that can help with getting jobs.
    Answer Applies to: California
    Replied: 6/20/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    First of all, if she pled guilty and was truly on probation, she was convicted.She probably moved for a dismissal pursuant to Penal Code section 1203.4 (Motion to Dismiss, popularly known as an 'expungement') after probation was over. The relief afforded by Penal Code section1203.4 is limited. If the job your girlfriend is applying for requires a state license, then she must divulge the conviction regardless of the 1203.4 Motion to Dismiss. It is not a 'licensing exemption' she needs. She can still get a license. She must just divulge the conviction and jump through the hoops the corresponding state agency will impose upon her to be approved for her license. I assist clients with this issue regularly, particularly with Teacher and Nurse licensing.
    Answer Applies to: California
    Replied: 6/20/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    The CCTC should not have a problem with a single DUI so long as it was not work related. Be sure to discuss it om the application and it should go well. If you have question feel free to call.
    Answer Applies to: California
    Replied: 6/20/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Your question is somewhat contradictory. In one sentence, you indicate that she completed her program and probation. This means she was convicted at some point. Otherwise, there would be no reason to complete those. Second, you indicate that the DUI was dismissed. However, it was not dismissed simply because she completed probation. Was the DUI expunged from her record? That is possible. But be careful about the language you use, especially if it needs to be written on a job application (if it was not expunged). The arrest will come up on her driving record and yes, she WAS convicted if she had probation for it. If she had it expunged later, that is a different issue. But she had to have been convicted in order to be placed on probation for it. As far as the job is concerned, that is up to the employer. If she doesn't need to drive as part of her employment, then it likely wont make too much of a difference. It will ultimately depend on the job description, the employer policies, and the employer's driver insurance policies. Good luck.
    Answer Applies to: California
    Replied: 6/20/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    First of all, if she had to do probation, then the case was never dismissed. Probation only comes after someone gets a conviction! But she may be eligible for expungement. Contact an attorney today.
    Answer Applies to: California
    Replied: 6/20/2011
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