How DUIs appear on background checks
California employers typically use live scan or consumer-reporting databases. A DUI conviction appears as either a misdemeanor or felony, depending on how it was filed. While Penal Code §17(b) allows some wobblers to be reduced, until expungement it remains visible to private-screening companies and government agencies.
For driving-related employment, employers often review DMV abstracts under Vehicle Code §1808.1, which show DUI convictions for ten years. For most other industries, a DUI will appear on a criminal background report until formally dismissed.
Employer background check rules: The Fair Chance Act
California’s Fair Chance Act (Gov. Code §12952) restricts when employers can consider convictions. They may only inquire about criminal history after a conditional offer of employment. Employers must then perform an individualized assessment of whether the conviction directly relates to the job duties and allow the applicant to respond before a final decision.
This law applies to nearly all employers with five or more employees, except for positions requiring background clearance by law (e.g., law enforcement, state licensing boards, or positions involving children or sensitive data).
Professional licensing consequences
Some professional boards, such as the Board of Registered Nursing or the Department of Real Estate, require licensees to disclose criminal convictions, including DUIs. The Business & Professions Code §480 permits denial, suspension, or discipline based on substantially related offenses. However, under 2020 amendments, boards must consider rehabilitation and expungement.
Expungement under Penal Code §1203.4
After successfully completing probation, many DUI defendants qualify to have the conviction dismissed under Penal Code §1203.4. This removes the conviction from most criminal background checks and allows you to lawfully state you have not been convicted—except for public office, law enforcement, or state licensing applications.
Expungement does not remove the DUI from your DMV driving record (which retains it for 10 years under DMV FFDL-15), but it makes a critical difference for most employers and background screeners.
Steps to protect employment prospects
- Complete probation and request expungement as soon as eligible.
- Be proactive with disclosure: if asked post-offer, explain lessons learned and provide completion certificates from DUI or counseling programs.
- Monitor your background report—you can request a free annual report under California’s Consumer Credit Reporting Agencies Act.
- Consult counsel if you hold or seek a professional license; reporting standards differ by board.
FAQs
How long will a DUI show on my background check?
Until expunged, the conviction remains in criminal databases indefinitely. On DMV records, it remains for 10 years. See DMV retention policy.
Can expungement erase a DUI completely?
Expungement under PC §1203.4 dismisses the case from criminal history, but law enforcement and state licensing bodies can still access the record. Private employers typically cannot.
What if I’m applying for a job that requires driving?
Employers may review your DMV record. A DUI will appear for 10 years, and some roles (commercial, rideshare) may remain restricted during that time. An attorney can seek charge reduction or limited license privileges to preserve employability.
Do I need to disclose an expunged DUI?
No, except for government or licensing applications that specifically request expunged records. For most private-sector jobs, you can lawfully state you have not been convicted.
Talk with Braden & Tucci
Our firm helps clients navigate post-DUI employment and licensing consequences, prepare expungement petitions, and coordinate DMV compliance. Call (949) 996-0170 or visit caduilaw.com to protect your record and career.
Disclaimer: This article is for informational purposes only and not legal advice. Outcomes depend on specific facts and jurisdiction. Consult an attorney about your eligibility.
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