Will a DUI come up on a background check if it was only an infraction?

I got a DUI when I was 18 in 2007 for driving with BAC of .044. Will this come up on a background check while applying to medical school or for a job? Because I know it was only an infraction and not a criminal conviction. If this does come up, will it prevent me from getting whatever I am applying for? If it does, can I get it expunged? If I can, how long does that take? Also, I heard that there is a probation that prevents me from driving with any significant BAC level. Is there one? If so, how long?

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Answered By: Law Office of Peter F. Goldscheider

Nothing "comes up" automatically. It is on your DMV record but probably not your criminal history. If you give permission to anyone to access either they will find it. On the other hand as an infraction you do not have to disclose it on an application normally (depending on the question) so probably it is not a matter of concern.

Answer Applies to: California
Replied: 9/8/2011

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

Good news. The DUI appears to be when you were a juvenile and they do not show up on a criminal record since they are not convictions. They do show up on a driving record but they go away after 10 years.

Answer Applies to: California
Replied: 9/7/2011

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 really was an infraction, then there could not have been probation. Also, even if it was only an infraction (which cannot be expunged), you may have lost a DMV hearing, which will show up on your driving record.

Answer Applies to: California
Replied: 9/6/2011

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 Edward J. Blum

Yes. It will come up because it was not an infraction. It was a misdemeanor. Whether this will stop you depends on what you are trying to get. You can get it dismissed pursuant to PC 1203.4, this is not an expungement. It is different. Your probation term was probably 3 years. if so, you and you did not fail to complete what was asked of you then you are probably off probation.

Answer Applies to: California
Replied: 9/6/2011

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 Matthew Murillo

You need to check Court records to see what charge you plead guilty to. A DUI is NOT an infraction in California. If you plead guilty to a DUI, it was at least a misdemeanor. You may have plead to a lesser offense, though. That said, if you do, in fact, have a plea to an infraction, that cannot be expunged. Misdemeanors and Felony convictions can be expunged. As for your probation question, you should know whether you are on probation and what terms apply. If not, you should discuss this with the attorney you had representing you.

Answer Applies to: California
Replied: 9/6/2011

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: Kennedy & Roe

DUI is never an infraction in this state, but being a juvie matter, it should not come up on most inquiries. It is not a conviction anyway.

Answer Applies to: California
Replied: 9/6/2011

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.