Will I come up in LIVESCAN

[thebrain]

I was arrested and never convicted of a DUI in August 2010 (both dmv and da dismissed the case. I was .05). Turns out if I request a copy of my 10 year driving history from the dmv my arrest and my bac level shows up. Now I am looking at another job but it requires a Livescan test. Does anyone know if I will I show up in Live scan?

PS this whole situation seems so prejudicial, I seem to be guilty in the working world just because there is a chance in someones mind I might be guilty. Once accused always guilty it seems. Seems like I am being set up for discrimination by a system that couldn't get me in court

 

[CdwJava]

I was arrested and never convicted of a DUI in August 2010 (both dmv and da dismissed the case. I was .05). Turns out if I request a copy of my 10 year driving history from the dmv my arrest and my bac level shows up. Now I am looking at another job but it requires a Livescan test. Does anyone know if I will I show up in Live scan?

PS this whole situation seems so prejudicial, I seem to be guilty in the working world just because there is a chance in someones mind I might be guilty. Once accused always guilty it seems. Seems like I am being set up for discrimination by a system that couldn't get me in court

What state are you in?

Chances are, if you were charged or ever booked into jail (printed) for a criminal offense that at least the arrest will show up on a Livescan.

However, depending on the nature of the employment, your full criminal history may not appear (depends on the law in your state). In general, only disqualifying convictions should show up. But, your state may be a lot more open with state criminal history information than mine.

 

[thebrain]

i live in california(los angeles). The fact that the dui shows up on my dmv history precludes me from any kind of driving job, doesn't seem right to punish in the "real world" when you arn't punished in the judiciary one.

do you think a petition for factual innocence will get me off of live scan?
ps I was fingure printed and photographed

 

[HomeGuru]

Drunk driving may lead to being on DEADSCAN.

 

[CdwJava]

i live in california(los angeles). The fact that the dui shows up on my dmv history precludes me from any kind of driving job, doesn't seem right to punish in the "real world" when you arn't punished in the judiciary one.

do you think a petition for factual innocence will get me off of live scan?
ps I was fingure printed and photographed

What does the notation say on the DMV printout? What code sections are next to it?

Have you spoken to the DMV about the matter? If so, what did they say? If not, why not?

 

[Cali408nia]

Yeah you said DMV dismissed the case and yet they are allowing it to appear on their record. It might be just them that's improperly displaying the information. But you should definitely hassle them about it and find out WHY as a start

 

[thebrain]

good idea CdwJava, I have all these dmv phone numbers I guess I will ask them, I will get back to you on what the different codes and sections say on my print out say once I find it.

 

[arsenic]

I had a recent DUI and submitted my fingerprints for both the FBI and CA DOJ LiveScan records, before my conviction. Both agencies reported my DUI *arrests*.

Some employment applications (or at least work contracts) ask about arrests, and not just convictions. Since you were never convicted, it may be better to just be upfront if asked about it by your prospective employer. These days, there is really no way to hide your past and still participate in the formal economy.

After my arrest, I looked up some drinking-and-driving stats. I was astonished at the high figures. 0.7 % of all licensed drivers are arrested each year for DUI (the rate for drivers ages 21-25 is 1.6). I can't find the lifetime risk, but my back-of-the-envelope calculations (making various assumptions about recidivism) would indicate at least 15% of all drivers will be arrested for a DUI in their lives.

(That seems awfully high to me. Does anyone have published figures?)

 

[CdwJava]

Just wondering. Were you given emt cert even though those arrests showed up? I am in the same boat

These posts are 4 years old. Odds are the OP is no longer here.

 

[FlyingRon]

Some employment applications (or at least work contracts) ask about arrests, and not just convictions.

In California, only certain government positions are allowed to ask about arrests that didn't lead to convictions. Private employers can not ask nor use the information if they obtain it some other way.

 

[quincy]

In California, only certain government positions are allowed to ask about arrests that didn't lead to convictions. Private employers can not ask nor use the information if they obtain it some other way.

The thread was revived by a poster who may (or may not) have a thread created for him. He asked a question of the original poster and the original poster is unlikely to be around to answer at this point.

Because the laws have changed on this issue since 2012 and the original poster is not around to care anymore, archived threads should not be revived but rather should remain in the archives for reference purposes only.

Chances are good that your post, my post and CdwJava's post will be deleted and this thread will soon be sent back to the archives where it belongs ...

... (edit to add) then again, maybe the chances are not all that good that this thread will be sent back to the archives.