Operating a vehicle while under the influence of drugs or alcohol is a criminal offense that can result in serious consequences and a criminal conviction. Clients often ask if a DUI will show up on a potential employer's criminal background check, and the answer is yes. Having a DUI charge on your driving record may cause problems with job opportunities, insurance rates, and potentially school admittance if received when under 21.
A DUI can appear on a job applicant's background check through a fingerprint-based check used by law enforcement, licensing agencies, and some employers. Other types of background checks by background check companies and prospective employers may show arrests or charges but not convictions.
If you are facing a DUI call DUI 24/7 at 847-999-7616 for further information and help. Schedule a free consultation with a Lake County DUI attorney to discuss your case and review your legal options.
Misdemeanour DUI vs a Felony DUI on Your Record
A DUI is a serious offense that can have a long-lasting effect on your life and public record. Depending on the severity of the crime, a DUI can either be a misdemeanor or felony charge. The difference between a misdemeanor and a felony DUI will determine how it will affect background checks.
A misdemeanor DUI usually involves alcohol or drugs and typically results in no jail time. It is considered to be a lesser offense, but can still show up on some types of background checks.
A felony DUI, on the other hand, involves more serious offenses such as causing injury or death. A felony conviction will almost always appear on a background check by a future employer and may prevent an individual from obtaining certain jobs that involve driving a company vehicle such as bus drivers, delivery drivers, and truck drivers and it can also affect housing opportunities.
How Long Does a DUI Stay on a Criminal Record?
A DUI conviction can stay on a person’s criminal record for life. Generally, DUI convictions remain on record for five to ten years. The period depends on the jurisdiction and whether the person was found guilty or pleaded guilty. Expungement can seal or erase a criminal record from public view, allowing for opportunities that may have been blocked.
A DUI on a background check can affect more than your employment situation, it can affect housing and professional licenses. Some states require individuals to take courses to get their driver’s license back after a DUI. It’s important to be aware of the consequences and possible options for having a DUI removed from a record.
How DUIs Affect the Hiring Process
Having a drunk driving offense on your record can significantly affect your future employment opportunities. Companies often run a certain type of background check as part of their hiring process, and many employers have a blanket policy and will not hire someone with a DUI conviction on their record.
This is because they view people with DUIs as irresponsible, and they are afraid that the employee may be unreliable or pose a safety risk in the workplace.
A DUI offense can also prevent someone from obtaining certain types of professional licenses, such as a medical license or an engineering license. This could significantly limit career opportunities for someone with a DUI conviction on their record.
Federal and State Laws Regarding DUIs On Someone's Record
Background checks can have severe consequences on a person's life, both professionally and personally. DUI convictions are one type of criminal record that can appear on a background check, and they are often considered serious offenses.
Employers in the US must comply with the FCRA when conducting background checks. This includes providing applicants with a copy of their background check and obtaining their written consent. Employers must ensure the information they receive is accurate and up-to-date.
Learn More: How to Get Ready for Court After a DUI
If an employer is considering denying employment based on the background check, they must provide a "pre-adverse action" notice and inform the applicant of their right to dispute any inaccurate or incomplete information.
Federal Laws
Drunk driving charges can have serious consequences on future employment opportunities. Federal law considers most DUI convictions as felonies. So, these convictions show up on a person's criminal record. A DUI can affect job prospects and security clearance.
Employers can't discriminate due to DUI convictions. But, they can consider them when making hiring decisions. It has to be reasonably related to the type of employment position.
EEOC Requirements
Employers must adhere to EEOC standards when conducting employment background checks. Decisions cannot be based on protected characteristics like race or ethnicity. A person's drunk driving arrest may be a factor in hiring decisions, but it doesn't automatically disqualify an applicant.
Employers must evaluate each applicant on a case-by-case basis using qualifications and experience. Applicants must receive a copy of their background check and can dispute inaccurate arrest history or incomplete information before a final decision is made.
DOT Drug & Alcohol Clearinghouse
The DOT Drug & Alcohol Clearinghouse is an online database that was launched by the US Department of Transportation in 2020. It is a national repository for Commercial Driver’s License (CDL) holders who have been convicted of driving under the Influence.
The database is meant to curb DUI offenses among CDL drivers, as it requires employers to run mandatory driving record checks on potential employees before they are hired.
Employers must ensure that potential employees have not been convicted of a DUI in the past three years, and if they have, then the employer must take appropriate action to address the issue.
State Laws
The impact of a DUI on a background check can vary by state due to differing laws. In some states, a DUI remains on a person's criminal record indefinitely and will likely appear on any background report.
Other states have time limits for DUIs on background reports, depending on the state's specific laws. It's crucial to be aware of your state's DUI and background check laws to make an informed decision about disclosing a DUI on job applications or background checks.
Long-Term Consequences of a DUI
A DUI on your record can lead to long-term consequences, especially with employment and background checks. The severity of the offense can determine if it remains on your criminal record for up to seven years. This allows employers and others to view it during background checks.
Aside from appearing on background checks, a DUI charge can cause higher insurance premiums, difficulty obtaining professional licenses, and even jail time. It's crucial to understand the potential consequences before engaging in behavior that could lead to a DUI charge.
Call DUI 24/7 Today for a Free Consultation!
If you’ve ever been arrested for driving under the influence, you know how serious the charges can be. A DUI conviction can have a major impact on your future, including job searches and background checks. That’s why it is so important to get help from an experienced DUI lawyer as soon as possible.
When employers do a background check, they will likely see your DUI conviction and may choose not to hire you based on this. An experienced defense lawyer can help you understand the legal implications of a DUI charge, as well as represent you in court if necessary. They can also help minimize the impact of the charge on your future.
To speak with an experienced DUI lawyer today, call our firm at 847-999-7616 for a free consultation. Don’t let a DUI charge ruin your future!