Restoring Your License Following a Suspension
You touched on we have got to go to court and a hearing at the DMV. Now once the certain time periods have passed that they have to be without their license, what is the process of getting that license back? How do you assist people with getting their license re-instated?
Aaron: Once someone has the insurance and finished any period of suspension, done any DUI school they need to get, they are eligible to have their license restored. Once all the requirements have been met, then they can just go to DMV and get it. They can call me at that point and ask, “What else do I need to do?” That’s usually my answer. It’s time to go to DMV and re-apply for a duplicate license.
After that point, all the work is going to be on the client to get those things done but all the guidance and help they need in getting them done, they know they’re more than welcome to call me. Then in the future once their probation period is over or sometimes even before it’s over if they’ve got a compelling reason, they can come back to me and we can start the process for an expungement for their DUI.
Petitioning to Expunge the DUI Charge from Your Record
An expungement is not a “seal and destroy” of their criminal record but it’s turning a conviction into a dismissal of the case. Then they do not have a conviction for a DUI on their record.
Interviewer: Obviously DUI’s through the criminal court system will show up on a criminal background unless you have it expunged. Do traffic violations such as your DMV hearing also show up on a criminal background? That might be something someone’s worried about.
An Expungement Will Not Erase the Arrest and Conviction But Will Also Indicate a Dismissal of the Charge
Aaron: Actually even if someone gets their record expunged, it will still show up on criminal background. It will show up as an arrest, then a conviction and then a dismissal. It does not seal and destroy it. Now if someone gets suspended by DMV and wins their case in court on a DUI, it’s not going to be on a criminal record because it’s not a criminal offense with the DMV. With a ticket, a ticket is not going to show up on a criminal record.
A Ticket Only Appears on Your Driving Record
It will show up on a driving record. The DA does have access to your driving record but for someone doing a background check if they’re checking just criminal, they’re not going to see it but they can check a driving record.
In companies where you’d be put on their insurance for driving, they are very likely to do background checks. In fact, they’d be foolish not to because they have to pay more insurance for people who have more points or records that are not as clean. Very often, they will not hire someone who has a DUI on their record for the insurance purpose alone.
By Aaron Bortel
Get your questions answered - Call Us 24/7 For a FREE Case Evaluation (415) 523-7878
- What If You Are an Out-of-State Driver and You Receive a DUI in California?
- Multiple Violations: Can You Face More Than One Charge, Such as Reckless Driving and DUI?
- In California, Is It Possible to Obtain a Restricted License While Your DUI Case Is Pending?
- If You Are Stopped by Police for a Suspected DUI, Do They Have the Right to Search Your Vehicle?
- Does California Require an Ignition Interlock Device Be Installed after a DUI Conviction?