San Jose, CA asked in DUI / DWI for California

Q: I had a Dui that was expunged in CA & have been offered a position in Finance for the City, do I still need to disclose

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3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info is needed.

is it a position that requires driving?

are you sure they will run your record?

expungement of DUI is not like expungement of most criminal matters.

though expunged with the court, it will probably still be on DMV record.

it is understandable if you said you had a clean record, that if they found it you would be surprised because it was expunged... and thus you thought it was off your record.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
Answered
  • DUI & DWI Lawyer
  • San Francisco, CA
  • Licensed in California

A: It depends on what the job application requests, be aware that an "expungement" doesn't really hide the conviction, it remains on your driving record.

Dan Moseley
Dan Moseley
Answered
  • DUI & DWI Lawyer
  • Fresno, CA
  • Licensed in California

A: If you are referring to a so-called expungement pursuant to Penal Code sec. 1203.4, disclosure of the conviction is obligated "in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission." You are otherwise not legally obligated to disclose, and failing to do so in other than the listed exceptions cannot be used against you.

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