Criminal Record/Driving Record

[SteveNE]

What is the name of your state?I currently live in Nebraska but my DUI was in California in 1979.Is there a difference between criminal records and drivers records? I had a DUI in California in 1979. I can't find it on my drivers record or criminal record. I wrote the FBI and Cal Dept of Justice including a copy of my fingerprints and both agencies came back listing me as "no criminal record found." I later went to work for a major retailer in CA and the HR dept told me they could not find any criminal record. Will a criminal background check uncover this old conviction? This DUI is the only contact I have ever had with the police. Other than this DUI I have never even had a parking ticket.

I'm applying for a part-time job in the security field here in Nebraska, but I will not get the job if I list that I have had a DUI conviction in California back in 1979. The job requires "No criminal record." Can I safely state on my job application that I've never been convicted of a crime?

[Curt581]

Originally Posted by SteveNE

Is there a difference between criminal records and drivers records?

Yes. Some violations overlap both records, such a criminal traffic violation, or a drug possession that suspends a driver's license. A criminal history would also show non traffic violations, while it wouldn't show minor speeding tickets.

Usually, a criminal history record is there forever, unless pardoned or expunged.

A driver's record only records violations for a certain period, like five or ten year span. Some violations, like DUI, can stay on longer.

I had a DUI in California in 1979. I can't find it on my drivers record or criminal record.

I suspect the record was there before the DUI laws toughened up. It probably allowed such convictions to "expire" back then.

HR dept told me they could not find any criminal record. Will a criminal background check uncover this old conviction?

Very unlikely, unless they checked with the agency that arrested you, or the court that your case went through.

Since we're talking 1979, the pre-computer days, that would mean a hand search of archived records, IF such records even exist anymore.

I'm applying for a part-time job in the security field here in Nebraska, but I will not get the job if I list that I have had a DUI conviction in California back in 1979. The job requires "No criminal record." Can I safely state on my job application that I've never been convicted of a crime?

Probably... BUT I highly recommend that you NOT LIE. If by some bizarre set of circumstances they actually find it, you will be history on the spot.

Being honest about something that happened 25 years ago might get you some slack, but lying to cover it TODAY will get you fired.