The impact of a DUI on employment and background checks in California

How a DUI shows up on background checks

Private employers typically use consumer reporting agencies that pull court records. A DUI will appear as a misdemeanor or felony conviction unless and until it’s dismissed under PC §1203.4. For driving roles, employers may also obtain DMV records; California law authorizes employer access to driver histories for job-related purposes. Veh. Code §1808.1.

Note: DMV’s 10-year retention applies to the driving record and insurance rating; it does not control what private background firms keep. That is why seeking a criminal dismissal (expungement) matters for employment screening.

California’s Fair Chance Act: timing and process

The Fair Chance Act (Gov. Code §12952) generally prohibits asking about convictions until after a conditional offer. If an employer later considers a DUI, it must perform an individualized assessment of job-relatedness (nature/time elapsed/duties), give written notice of preliminary denial, allow you to respond with rehabilitation/context, and then issue a final decision with appeal information.

Exceptions exist for positions where a background check is legally required (e.g., certain public safety or sensitive-access roles). Most private employers with ≥5 employees are covered.

Professional licenses: additional duties

Some boards require disclosure of convictions and can discipline if offenses are “substantially related” to duties. See B&P §480. Boards must consider rehabilitation evidence and post-conviction relief (including dismissals under PC §1203.4). If you hold—or seek—a license (RN, DRE salesperson/broker, etc.), get tailored advice early.

Expungement (dismissal) under PC §1203.4

After successfully completing probation (and meeting other conditions), many DUI defendants can petition for dismissal under PC §1203.4. A granted dismissal withdraws the guilty plea/verdict and enters a not-guilty with the case dismissed. For most private employment, you may lawfully state you have not been convicted. Limits remain for government jobs, peace officer applications, and licensing bodies.

Important: Dismissal does not remove the DUI from the DMV driving record (10-year retention) or automatically restore firearm rights. It also does not seal the arrest; other remedies (e.g., sealing under PC §851.91 if eligible) are separate.

Practical steps to protect your career

• Complete probation & enroll in DUI school promptly; obtain proof of completion.
• Petition for PC §1203.4 dismissal as soon as eligible; we prepare filings and appear for clients.
• Prepare your Fair-Chance response (rehabilitation letters, program certificates, time-since-offense, performance reviews).
• For driving positions: track DMV status, SR-22 (if applicable), and renewal dates. See our guides: License Suspension and Car Insurance After a DUI.

FAQs

How long does a DUI stay on my record?

On the DMV record: 10 years. DMV FFDL-15. On the criminal record: until dismissed under PC §1203.4 (no automatic expiration).

Do I have to disclose an expunged DUI?

For most private jobs, you may answer “no” to conviction questions after a PC §1203.4 dismissal. Government, peace officer, and licensing applications can still require disclosure.

Can employers see my DMV history?

Yes, for job-related purposes and with proper authorization; DUI entries remain 10 years. Veh. Code §1808.1.

What if I’m denied under the Fair Chance Act?

You must receive a preliminary notice and a chance to respond. You can submit evidence of rehabilitation and correct inaccuracies before a final decision. Gov. Code §12952.

Talk with Braden & Tucci

We help clients manage post-DUI employment issues, obtain PC §1203.4 dismissals, and coordinate DMV and licensing compliance. Call (949) 996-0170 or visit caduilaw.com to protect your record and career.

Disclaimer: This article is for general information only and not legal advice. Outcomes depend on specific facts and jurisdiction.