QUESTION
Is there a way to show my past DUI/DWI charge on my MVR instead of my criminal report for employment purposes?
Asked on Jan 23rd, 2013 on DUI/DWI - California
More details to this question:
I need to move a past DUI/DWI charge I received in 2011 from my criminal history record to my MVR report only, is this even possible? A prospective employer's HR dept told me this needed to happen before they can hire me because they do not go by the MVR report when it comes to hiring.
3 ANSWERS
Michael J. Breczinski
Driving Under the Influence is a criminal offense so I do not think this is possible. I have never heard it being done.
Answered on Feb 01st, 2013 at 10:17 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You are asking about an "expungement." This is a very limited form of relief from a criminal conviction but seems like what the HR department was suggesting. You will need to contact an attorney in your area for help through this process, all courts have discretion to grant an expungement, many will if probation has been successfully completed, some will upon finding "good cause" even if probation hasn't terminated. If you are still on probation you will need to file to motions, a request for early termination of probation and then an expungement motion. A local lawyer will be able to answer your questions relating to how likely your request is to succeed and possible steps you may take to increase the likelihood of a successful motion.
Answered on Jan 29th, 2013 at 9:20 PM
You need to wait until you have successfully completed probation to hire a lawyer for expungement.
Answered on Jan 29th, 2013 at 7:00 PM