2nd DUI

[2nddui]

What is the name of your state (only U.S. law)? California

I got my 1st DUI in Feb of 2004 and then had it expunged after probation. I then got my 2nd DUI in April 2009. My question is will the 1st DUI now show up in a background check, or will the 2nd one appear as a singular event with harsher penalties? (because the 1st was expunged)

Also, and I don't expect anyone to have an answer for this one but: I understand that employer's can run either a 3 or 5 year DMV record check. Say an employer ran the 5 year - being that the first DUI is over five years ago, will the 2nd one show up as "2nd DUI" if the first one isn't shown?

Thanks

[JETX]

Originally Posted by 2nddui

My question is will the 1st DUI now show up in a background check

Depends on who is doing the 'background check'. If you mean will the prosecutor know about it, the answer is YES.

or will the 2nd one appear as a singular event with harsher penalties? (because the 1st was expunged)

Again, depends on the background check. Most simply show the conviction... some show the penalty assessed.

Also, and I don't expect anyone to have an answer for this one but: I understand that employer's can run either a 3 or 5 year DMV record check. Say an employer ran the 5 year - being that the first DUI is over five years ago, will the 2nd one show up as "2nd DUI" if the first one isn't shown?

See above.