MendocinoCounty DUILawyer.com

Top Ten Questions > From Minors/Parents

9. Will I Have A Criminal Record?

Honest Ukiah DUI attorneys will tell you that every DUI case is unique, with different facts, different defendants, different arresting officers, etc. One can never know at the beginning of any DUI case what the end results will be, and whether a criminal record will exist. For example, an infraction dismissed after successful completion of certain tasks will not result in any record of conviction but may still cause a negative entry on the separate DMV record unless we also prevail in that separate matter.

By contrast, a reduction from a DUI to a misdemeanor "Wet Reckless" conviction typically will permanently remain on a criminal record, unless it is a later-sealed juvenile conviction. Note that one should always consider sealing a juvenile record as soon as possible following any adverse juvenile court findings, although juvenile DUI entries still remain on the DMV driving record. But for non-juvenile DUI misdemeanors, see also our Mendocino DUI Lawyer's discussion of DUI Expungements which, once obtained, allow non-disclosure on most private employment applications.

A compromise may be a minor's DUI zero-tolerance conviction under California Vehicle Code Section 23140 or 23136, because these are infraction charges, arguably not crimes at all, and therefore arguably not subject to disclosure on employment or housing questionnaires or to immigration consequences. See, People v. Battle, 50CA3dSupp.2, see also Wikipedia Infraction Definition, see also, ILRC Excerpt.

The best Mendocino DUI lawyers prioritize complete dismissal, or the least impactful result to minimize consequences to a minor's future by reducing or eliminating consequences in court and at DMV. Consult with a Mendocino County DUI attorney about your specific case.

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Any result portrayed was dependent on the facts of that case, and the results will differ if based on different facts.

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Dave Jake Schwartz is an Honors Graduate from UC Hastings Law School, and UC Davis, former Federal Judicial Clerk, and Nationally Qualified Sobriety Tests Practitioner. Member of the California Bar for 30 years, North Bay resident for over 20 years, handles only DUI cases, including thousands of North Bay DUIs and DMV hearings: first/multiple offenders, minors, seniors, tourists, undocumented immigrants, veterans, probation violations, suspended license, public intoxication, open container, minor in possession, child endangerment, collisions, hit and run, evading, resisting arrest.

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Dave Jake Schwartz