What Are the Benefits Of Getting a DUI Expunged?
Luckily, in California, there are laws to protect from discrimination after you get a DUI. The legislature passed California Penal Code (PC) 1203.4, which allows a person convicted of a DUI to later petition the court to have their DUI conviction dismissed (expunged). Getting a DUI expunged from your record has numerous benefits in your life. Here is a list of some of the benefits:
- The DUI will be removed from virtually all employment type background checks ran on you in the state of California, giving you the confidence to go after those employment opportunities without fear that your DUI conviction will hold you back.
- Once the DUI has been expunged you can answer "no" legally and honestly on almost all applications (employment, school, apartments, etc.) if asked if you have a criminal record. This fact combined with the removal from background checks mentioned above, gives you a lot of relief from your DUI conviction.
- Private employers cannot ask you about an expunged DUI conviction, as you are protected under the Fair Credit Reporting Act (both federal and state).
- You can greatly increase your earning potential once you have removed your DUI from your record due to points 1-3 above.
- You can hold your head up high once again, knowing that the mistake you made is now put behind you for good.
- Expunging your DUI can make entry into foreign countries easier. Fore example Canada views a DUI as essentially a felony conviction, and will often refuse entry to anybody with a DUI on their record. However, Canada also view California expungement laws favorably and will allow entry (most of the time) if the DUI has been expunged. To learn about entering Canada with a DUI conviction on your record.
Is There Any Disadvantage To Expunging Your DUI?
No, there is absolutely no disadvantage to expunging your DUI conviction. Having the DUI removed from your criminal record will only help you in your life. The only negative would be the relatively small costs associated with hiring a professional to help you with the DUI expungement process. Expunging your DUI does refresh the record and make it more public, nor does it open a case that has been closed.
What Does An Employer See After My DUI Is Expunged?
The short answer is that an employer will not be able to see the DUI after you get the DUI expunged. However, there are two types of background checks.
- Fingerprint Background Checks - These use your fingerprints and require you to a get a Live Scan done. This is a very intrusive type of background check and will allow the employer to literally see your entire criminal history, including the DUI arrest, conviction and expungement. The good news is that only a very select few entities have the right to ask for this type of background check. Examples of such entities would include: job involving young children, and jobs wherein employees are paid with public funds (government). Here is a link to pull your own Department of Justice rap sheet (your official criminal record).
- Social Security Number Background Checks - This is what 99.9% of employer use. This type of background check only uses your SSN#. On these type of background checks your expunged DUI will be completely removed, meaning the employer will never know the DUI existed. You should have total peace of mind for any background check ran on you after your DUI has been expunged.