Can my employer still see my dismissed DUI charge?
Can an employer see my dismissed DUI charge even if it didnt go on trial. The file was sit there and got dismissed for reason, not enough evidence to against the charge. it was almost two years from now. If the employer can view/run report, can I seal my record?
Dennis Roberts, a P.C.
| Dennis Roberts
Oakland, CA
Oakland, CA
You can file under Penal Code 1203.4 (google it) but it is basically worthless as all it does it show that you were charged, case dismissed, and now you have gotten the relief under 1203.4 In other words it is still there. But the only way an employer can see it is if he gets a signed release from you allowing him to check your record.
Answer Applies to: California
Replied: 8/11/2011
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Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Thomas F. Mueller
Any arrest does show up on a criminal record. You can ask the arresting agency to delete the entry. Send a formal letter to them with as much information as you have. If they refuse you have the right to file a motion for a finding of factual innocence in court. A good lawyer would be recommended for that motion.
Answer Applies to: California
Replied: 8/12/2011
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Answer Applies to: California
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
It depends on the system that he is using. The worst that can happen is that it will come up that DUI charges were dropped. You cannot have is sealed unless it was a Juvie charge and you cannot have it expunged unless you were convicted.
Answer Applies to: California
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Wallin & Klarich: A Law Corporation
A DUI dismissed by the judge or prosecuting agency in the interest of justice should not appear on your criminal record. However, your arrest record regarding the DUI may still appear since the arresting agency and the courts are two separate entities. You can file a factual innocence motion with the local police agency pursuant to Penal Cod 851.8
Answer Applies to: California
Replied: 8/12/2011
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Answer Applies to: California
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Martina Vigil
Yes, your employer will be able to see the charge; he/she will not see a conviction but a dismissal. You can get am arrest record sealed only if you can probe factual innocence which is pretty tough to do.
Answer Applies to: California
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Michael Bialys The DUI Dude
They would typically be able to see a charge, an arrest and the dismissal. Due to the fact that the case was dismissed this should not hurt you.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Phil Hache
If the charges were dismissed completely, then there is no conviction on your record, but there is still an arrest record. From my experience, most employers are more concerned with convictions than arrest records. It is possible to seal your arrest record, but it is a bit of a process.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Nelson & Lawless
So can anyone with access to the records. If you qualify, you could apply for a declaration of factual innocence, and seek to seal the arrest record. It requires that the case have been dismissed because the judge and DA believed you were innocent, and there were no facts to support prosecution. Does sound like your case. If serious about doing so, feel free to contact me to discuss the fees and costs involved.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jeff Yeh
If it was never filed or dismissed, then nothing will show up. You cannot seal something that doesn't exist.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Desert Defenders
There is no DUI charge, only an arrest. Yes, it will show up on a DMV record check. Getting it erased would be extremely difficult, but possible.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Andrew Roberts
It was dismissed! No consequences even if they see it.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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