Employers can not even ASK an applicant to disclose a San Diego DUI or California drunk driving conviction which has been expunged and dismissed per a Penal Code Section 1203.4 petition

Employers can not even ASK an applicant to disclose a San Diego DUI or California drunk driving conviction which has been expunged and dismissed per a Penal Code Section 1203.4 petition

San Diego DUI Expungements are now more helpful, lawyers say

 
If you are off San Diego DUI probation, you can expunge. If you are on San Diego DUI probation, you may be able to file a motion to terminate probation, a requirement prior to filing apetition, say lawyers who handle San Diego DUI expungements.

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

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

SECTION 1. Section 432.7 of the California Labor Code was amended in 2013 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.
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.
 

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  • Can an Employer Fire You for a San Diego DUI Arrest? Reply

    […] are limited in exposing San Diego DUI convictions which have been expunged, attorneys say. No California employer can ask an applicant to disclose a California or San Diego DUI conviction wh… under this expungement […]

    September 18, 2017 at 12:15 pm

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