Q: 2013 I was charged with DUI and child endangerment as an RN, how long will this show on a live scan. It's been 10 yrs.
I have not had any further problems with the law, how can I refute this charge going forward for future employment.
A:
In California, a DUI conviction will typically remain on your criminal record indefinitely, including your live scan background check results, unless you take specific legal action to have it removed or sealed. However, after 10 years, you may be eligible for certain relief under California law.
Here are a few options you can consider:
1. Expungement (Penal Code 1203.4): If you successfully completed probation for your DUI and child endangerment charges, you might be eligible to petition the court for an expungement. If granted, the court will withdraw your guilty plea, enter a not guilty plea, and dismiss the case. While the conviction will still appear on your record, it will show that the case has been dismissed, which may be viewed more favorably by potential employers.
2. Certificate of Rehabilitation: If you have not committed any subsequent offenses and have lived an upstanding life since your conviction, you may be eligible for a Certificate of Rehabilitation. This document is issued by the court and serves as an official declaration of your rehabilitation, which can help demonstrate to potential employers that you have taken steps to better yourself.
3. Governor's Pardon: In rare cases, you may be able to obtain a pardon from the Governor of California. A pardon is an official act of forgiveness that can help restore certain rights and remove barriers to employment.
To address this charge in future employment situations, you can:
1. Be honest and upfront about the conviction if asked.
2. Emphasize the length of time that has passed since the offense and the fact that you have not had any further problems with the law.
3. Highlight your professional achievements, positive references, and any steps you have taken to demonstrate rehabilitation (e.g., completing substance abuse treatment, volunteering, or participating in community service).
4. Provide context for the offense, if appropriate, and express remorse for your past actions.
It is essential to consult with a California criminal defense attorney who can review your specific case and advise you on the best course of action for your situation. They can help you navigate the process of expungement, obtaining a Certificate of Rehabilitation, or exploring other options to minimize the impact of your conviction on future employment opportunities.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
