[archipelago]

I just got fingerprinted for a background check. I'm going to work as a volunteer at a residential home for people with schizophrenia.

I have a 15-year-old DUI and I wanted to make sure nothing else would show up so I did one of those searches.

A vehicle code violation came up. I assumed it was the DUI and felt fine. I looked up the code number and it turns out to be driving without a valid license instead.

Just recently I got a citation because I had gone to the corner store in my sweats and didn't bother to bring my wallet. The cop said he knew I had and license and would look it up. He actually seemed polite and low key.

I paid the fine, thinking it was high, but I was busy and didn't want to investigate.

Turns out driving without a valid license is what I got convicted of, not just without a license, and that in California is a misdemeanor!

I'm furious!!!

And now if two misdemeanors show up on my record, especially a recent one, I'm not going to look very good.

Argh! I guess I can explain it to them if they ask, but what if they just say "you didn't pass the background check" and not ask? It sucks.

[hannabee]

I think DUI's drop off your record after 7 years, at least that was the way it used to be. You actually saw the DUI on the report?

[Hobbit House]

You should be ok, I think they only go back 10 years. I get my background checked 4 times a year due to my job and never had a problem. I have misdemenors in my past too! Good luck

[archipelago]

I still need to remove this misdemeanor from my record since it is false. I do have a valid license and the cop knew that and the court could have checked. I hate these cops on the university campus. They do feel legit so they go overboard all the time.

In California your records can't be expunged and the paperwork says you have to report things like DUIs even if old. Strangely that didn't show up. Perhaps it does drop off after some time. I too thought things disappeared after 7 years, but they don't here.

I have had really bad interactions with cops and hate them. This is triggering to me and infuriating that the cop didn't tell me that it was anything more than a mere formality. To have it show up as a misdemeanor because I went to the corner store in my sweats and didn't have a pocket for my wallet is ridiculous.

[archipelago]

I used one of those online legal advice sites to find out about this. The lawyer made it sound like it is actually really hard to get your record changed in California.

It bugs me because this is such common and simple mistake people make all the time. The cop should have just warned me or at least told me that it could turn into something serious.

I was told I would have to hire a criminal defense attorney with knowledge of records to handle this and go before a judge. That it would take months and months. That is just too much for me to handle--money, time and stress.

[Hobbit House]

sorry about this, I feel for you

[archipelago]

I did leave some email questions with a couple of legal types so I may hear something back. When I checked the vehicle codes on my own I found out that the cop should have written me up for a whole other violation that is just about not having your license with you and he shouldn't have written the other one since he knew I had a valid license. I'm really mad about that.

The good part about finding that other code is that under the explanation, which was on an official state site, it said that the other misdemeanor is dismissed if you produce a valid license and that that is part of the law.

So it may not be as hard as that one guy said to have this changed. I do need to figure out have to get a court date and in which court and so on plus get records of the citation, but it seems a lot of that I could do on my own or with minimal legal support.

Physically handing a judge my valid license seems to be all I have to do that is the crucial part so it isn't about making an argument or anything.

[hvert]

Are you serious???? Were you already convicted of the misdemeanor or just charged? They should give you a court date if they are charging you, right? I wonder if you can just mail a copy of your license to the DA office or something -- I did that once when I didn't have the insurance paperwork on me.

I got stopped this spring for forgetting to register my car -- a misdemeanor charge! I had to hire a lawyer. It cost me $300 to get it dismissed.

[archipelago]

I called the Traffic Division and the clerk said to just write a letter and a judge would take care of it.

But something way worse came up. When I dropped off the letter the clerk looked up my file to help me, and offered to print it out. When he did he pointed out that I had a battery against a police officer attached to the DUI!

I remember that the cop was pushing for that, but the judge ridiculed it in court and I really thought it had been dismissed. I guess he was wanting it to be dismissed but I put in a plea of no contest because so much was going on at the time that I just wanted it over with. I wasn't even in town and paid a lawyer to handle it.

I'm shocked. And now this looks really bad for several reasons. First I didn't put it down on their paperwork, just the DUI. So if it comes up I'll look like I was lying or evading. Second it will be really hard to believe that I didn't know that happened. Third even though 17 years ago, battery is a violent crime. It's very common for cops to allege battery because they can if you just touch them. But still why should someone believe that I didn't actually do anything violent, especially if they already have doubts because I didn't mention this?

I think I am screwed. The only thing in my favor, besides the fact that it was not a felony, is that it was long ago and was tied to a DUI and not a separate incident. Something like that could have come from resisting arrest or any other problem. I actually don't remember all the details. Like I said, really major things were going on at the time that actually made a DUI seem small and an annoyance more than anything.

The record shows that I was given no fine or jail time for that, only penalized for the DUI so that supports my sense that I thought the judge dismissed it. I don't think at the time I even understood that it was a charge. I don't remember though.

There is a slight chance that they either won't find about about it, or if they do, they may say it is too old to use against me. I may be asked about though. This totally sucks. I have the worst luck in the world.

[archipelago]

This is on its way to being resolved, all the separate issues. I wrote the internship person to tell her this news and may not pass the background check. She was supported but said she'd have to see about it.

Then I ended up with an attorney who offered to expunge my record. And I have 8 hours free time to do so. That means nothing will show up the next time. It takes a while and is sometimes difficult but he didn't sound like it would be.

I also found out there are free legal advisors that I have access to that oversee what I do. So I called and asked specific questions and got good advice.

Everything is still in progress but I don't feel like it is impossible.

[hvert]

Awesome! I am glad you are getting this cleared up -- that is so crazy, all of it -- it's hard to imagine that a DUI from 15 years ago, even with the battery, would affect your application.

[archipelago]

Thanks for writing and being sympathetic. Yes, it is hard to understand how such an old incident would like ruin my life now. It's not a felony. I didn't serve time or get on probation. I didn't even pay a fine so the judge clearly did not consider it deserving a penalty.

I'm working with vulnerable people so I do understand that they have a responsibility to screen people and not let just anyone in. Still there should be exceptions, like for something very old, or not as serious, or an explanation of what actually happened that isn't reflected in what is on paper. As one of the court clerk's said, it looks way worse on paper and is never what it seems.

I may not get this current position, but I can wait until my record is cleared and try again without any record. Problem is at some point, I will have to report all of it anyway and go into detail regardless of having my record cleared. That seems invasive and overkill to me, but that is what they do. I don't look forward to that at all.

[IsabelAmy]

I went through a criminal background check and finger prints as well. I am currently working in the records dept for a police facility. All charges show up on your history, but they should appear with the disposition as well, such as dismissed or comvicted. Anything dismissed or that isn't a misdemeanor you plead guilty to or were found guilty of, can be expunged so it won't show up on your record. Being honest with your employer is the most important thing. You can also access the incident report pertaining to your charges so you have something to show to your employers. Good luck!