judicial externship with an expunged dui? Forum

[Anonymous User]

im interviewing and applying for fed judicial externships in CA and I wanted to know how much having an expunged misdemeanor dui on my record is going to hurt me. From 6 years ago. Offers typically come in before the background check is done....should i be worried any potential offer is going to be rescinded? I have heard mixed things on this....

[Anonymous User]

I wouldn’t worry about it.

I’ve passed background checks in California at the state and federal level (including a polygraph position) for more sensitive positions than what you’re describing. My DUI was younger and it didn’t pose an issue. California has also banned the box so employers can’t look at your record until late in the process. I think judges who deal with worse crimes on a routine basis would be particularly immune to worrying about it.

[Anonymous User]

I doubt it will affect the outcome, but you should list the expunged DUI on any background check form that the court gives you if it asks specifically for any past convictions (not all courts, including the court I am clerking for now, require background checks for interns/externs). Just like the bar, I wouldn't count the U.S. Marshal not finding your expunged record. (An intern from a time when I was interning in a federal judge's chambers didn't list an expunged record. The Marshal found it. It didn't play well.)

[JOThompson]

Agree that you should list the expunged DUI. Typically, background checks and employment applications are concerned about whether you either pleaded guilty or were convicted, not whether your conviction is currently on your record or visible. Technically you did plead and were convicted, even though the conviction was dismissed/expunged down the road. There's almost always certainly a paper trail if you were convicted, regardless of the judgement and sentence being sealed at a later or date or purged from the municipal/county court records. I imagine this won't hang you up. The only risk would be not disclosing it.

[Anonymous User]

Thank you! I hope it turns out okay.....

Question re: disclosing. If the documents don't provide a space to disclose anyone have any idea on if I should preemptively disclose to the clerk or judicial assistant??I don't want it to seem like I am hiding anything but the forms do not ask for any prior convictions...just a permission form to be background checked....

[Anonymous User]

Agree that you should list the expunged DUI. Typically, background checks and employment applications are concerned about whether you either pleaded guilty or were convicted, not whether your conviction is currently on your record or visible. Technically you did plead and were convicted, even though the conviction was dismissed/expunged down the road. There's almost always certainly a paper trail if you were convicted, regardless of the judgement and sentence being sealed at a later or date or purged from the municipal/county court records. I imagine this won't hang you up. The only risk would be not disclosing it.

Thank you! I hope it turns out okay.....

Question re: disclosing. If the documents don't provide a space to disclose anyone have any idea on if I should preemptively disclose to the clerk or judicial assistant??I don't want it to seem like I am hiding anything but the forms do not ask for any prior convictions...just a permission form to be background checked....

[JOThompson]

It's always a fine line between disclosing and overdisclosing. The worst thing is to not disclose something that you were required to though, so I'd lean towards overdisclosing when in doubt.

But if it doesn't ask for convictions, I wouldn't feel compelled to disclose it. If they ask for arrests or instances where you pleaded guilty though, then that's broad enough to bring up even items were expunged/dismissed.

[Anonymous User]

I doubt it will affect the outcome, but you should list the expunged DUI on any background check form that the court gives you if it asks specifically for any past convictions (not all courts, including the court I am clerking for now, require background checks for interns/externs). Just like the bar, I wouldn't count the U.S. Marshal not finding your expunged record. (An intern from a time when I was interning in a federal judge's chambers didn't list an expunged record. The Marshal found it. It didn't play well.)

thank you! Question about the intern in your chambers...did the form ask for past convictions and they did not disclose? the court im externing for does not have a place to disclose at all on the form, just requires a signature for your consent to a background check. Im worried itll be seen as me trying to hide something even though nowhere asks for it.