purging an arrest from dmv

[thebrain]

Los Angeles

In August 2010 I was arrested for dui, the da chose to dismiss the charges against me, so I was never tried. I went to apply for a driving job and they requested a dmv print out. Turns out that the arrest and Bac (.05) were on the dmv print out. Is there any way to get that information purged from my record? It will be prejudicial with future employers, though i am just as innocent as the next applicant.

I realise that I can get a petition for factual innocence, but from what I read online it will not affect the dmv.

 

[Isis1]

Los Angeles

In August 2010 I was arrested for dui, the da chose to dismiss the charges against me, so I was never tried. I went to apply for a driving job and they requested a dmv print out. Turns out that the arrest and Bac (.05) were on the dmv print out. Is there any way to get that information purged from my record? It will be prejudicial with future employers, though i am just as innocent as the next applicant.

I realise that I can get a petition for factual innocence, but from what I read online it will not affect the dmv.

your arrest is a fact of law. it does not say you were charged.

 

[Cali408nia]

your arrest is a fact of law. it does not say you were charged.

I'm not sure why it would be on a DMV record though. If one is not convicted of a crime that involves driving, why would it be on the DMV printout? It can't possibly carry a point if there is no conviction, so it doesn't seem right that it appears on the record. Something just doesn't seem right to me. OP, did you question the DMV on this matter when you were there getting your print out?

 

[thebrain]

yes I did ask the dmv, she said take it up with the police, though I don't think she know what she was doing

 

[dave33]

yes I did ask the dmv, she said take it up with the police, though I don't think she know what she was doing

Criminal records many times include the arrest regardless of what happens in court.

You are trying to get the record expunged or the equivalent in your state.

You should be in a good position because the charge was dismissed.

I am not familiar with your state but as always a lawyer can help.


goodluck

 

[HighwayMan]

Criminal records many times include the arrest regardless of what happens in court.

It is not a criminal record it was apparently part of his driver license record.

 

[CdwJava]

Los Angeles

In August 2010 I was arrested for dui, the da chose to dismiss the charges against me, so I was never tried. I went to apply for a driving job and they requested a dmv print out. Turns out that the arrest and Bac (.05) were on the dmv print out. Is there any way to get that information purged from my record? It will be prejudicial with future employers, though i am just as innocent as the next applicant.

I realise that I can get a petition for factual innocence, but from what I read online it will not affect the dmv.

Were you under 21 at the time of the arrest?

Did you actually see the printout from the DMV? I have never seen one that has a BAC on it unless the charge included a BAC, and the only one that would have been submitted to the DMV would have been for CVC 23140 which is for being under 21 with a BAC of .05 or greater and that one can result in Admin. penalties regardless of whether or not charges were brought.

 

[DUIAttyPCho]

If you want clear answers, you should call California DMV Mandatory Actions and I'm sure they can answer the question that you have. Just give them your name and driver's license number, and they can pull up your DMV record instantly. Then, they can give you detailed information about what is on and not on your DMV record, and what it means, etc.

Good luck!

 

[thebrain]

I was 30 at the time

 

[Cali408nia]

If you'd like to explore PCho's advice this might be a good start: http://dmv.ca.gov/dl/authority.htm#amend