Criminal Defense Q&A: I Was Arrested for DUI and I’m a Nursing Student – Is There a Way to Keep the DUI Off My Record?
Question:
I’m 18 years old, and my DUI blood alcohol test came out to be .10. Is it possible to get it down to an infraction, or something that’a not a DUI? I’m a Cal State nursing student and it’s my first crime; I have a clean record and everything.
Answer:
A DUI cannot be reduced to an infraction, but there are alternative misdemeanors (such as exhibition of speed or “wet” reckless) that you can plead to instead. The consequences for these alternative misdemeanors are less severe than for a DUI, and whether they are available to you will depend on the strength of the evidence against you.
But if your goal is to become a nurse, then a conviction for any crime is a concern. Hopefully, you can avoid a conviction for this incident. But if you cannot, the next step would be to complete your probation (which typically lasts for a period of 3 years) and then petition the Court to expunge your conviction under Penal Code 1203.4.
Once a conviction is expunged, it does not have to be disclosed to prospective employers. However, expunged convictions must still be disclosed to licensing agencies, such as the California Department of Public Health. See Penal Code 1203.4(a)(1). Still, the benefit of expunging your conviction demonstrates to a licensing board that you were not sent to prison, that you took affirmative steps to complete your probation, and that you have rehabilitated to the satisfaction of a Judge.
It would be prudent to speak with a criminal defense attorney in your area about how best to resolve your case and, if a conviction cannot be avoided, to establish a plan to ultimately expunge the conviction.
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Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
