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 If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed.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.
Answered on Dec 09th, 2010 at 12:28 PM