DUI in San Fernando, CA and job application question

Question: My company is doing a background check. I got a DUI in San Fernando, CA last year. I completed my alcohol school and paid fine but still on DUI probation. what should I answer for these 3 questions:”Applicants should not disclose convictions that have been sealed, expunged, or statutorily eradicated or any misdemeanor convictions for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed. Applicants should not disclose information regarding arrests or detentions for which a diversion program has been successfully completed. Cal. Code Regs., tit. 2, § 7287-.4.” Q1 Have you ever been convicted of a crime? Q2 Have you received an alternative adjudication withing the past seven years? Q3 Do you have any open warrants or charges pending against you?
Answer: Based on what you wrote, it appears you are still on probation for your DUI conviction (thus, the conviction has not been expunged and you have not completed probation). I would not recommend lying on an application as it can come back to bite you. Once you have served about half or more of your probation period you may want to consider petitioning the court for early termination of probation followed by getting the conviction dismissed (ie. expunged). Feel free to contact me if you would like to discuss that further. I included a link that will provide you a little more info. http://philhachelaw.com/practice-areas/expungement/
Phil Hache
DUI & Criminal Defense Lawyer