Friday, October 11, 2013

California DUI Expungements just got better, lawyers say

A California DUI can be expunged by an attorney.  This is done by way of a Petition to dismiss filed by a California DUI lawyer, per California Penal Code Section 1203.4.

Employers recently became limited in exposing California DUI convictions which have been expunged, attorneys say.  No California employer can now ask an applicant to disclose a California drunk driving conviction which has been dismissed under this procedure.

This new law does not appear to apply to pending DUI cases.  An employer may ask an employee about a California DUI arrest if the applicant is out on bail or on O.R. pending criminal proceedings.

If you are off probation, you can expunge. If you are on probation, you may be able to file a motion to terminate probation, a prerequisite to filing the petition, say attorneys who handle San Diego DUI expungements.

SECTION 1. Section 432.7 of the California Labor Code was recently amended to read:

(a) No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code. As used in this section, a conviction shall include a plea, verdict, or finding of guilt regardless of whether sentence is imposed by the court. Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial.