QUESTION

Will I still need an exemption to work in a nursing home with seniors with an expunged DUI conviction?

Asked on Apr 16th, 2013 on DUI/DWI - California
More details to this question:
I have a CA DUI from 9 yrs ago in California. I recently had it expunged, but am worried about the technicalities of the DOJ clearance. Does my expungement allow me to be hired at a facility without an exemption? Or will I still need that to work with seniors? I have asked a local live scan but they said they can't answer that.
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3 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Expungement has no effect on your record when applying for any government licensed position. Expungement does NOT clear, 'remove', erase or disappear the conviction. Nothing will. Records are forever. Expungement does change the record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. You must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc]. The licensing agency and prospective employer then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.
Answered on Apr 18th, 2013 at 7:59 PM

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Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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I don't know either, if your position requires DOJ clearance or some sort of state license an expungement doesn't remove the DUI from your record, it only removes it from public disclosure to private employers. It also doesn't remove it from your driving record in the event your employer has access to your driving records.
Answered on Apr 18th, 2013 at 1:24 AM

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If you have a live scan the conviction will be disclosed. Exp ungement does not affect licensing with the state. 9 years ago, they may not consider the conviction against you. It would be a bigger issue if you fail to disclose the conviction.
Answered on Apr 18th, 2013 at 12:47 AM

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