If you’re a job seeker, you should know that your employer will likely do background checks – but what happens when your past includes DUIs? Can it prevent you from getting the job you want?
Let’s look at what background checks include and how a DUI can affect employment opportunities.
Employers use background checks as part of their recruiting and hiring process for various reasons.
For instance, employers may check for criminal records demonstrating an applicant is untrustworthy.
They also carry out financial background checks to ensure an applicant is financially stable.
Of course, DUIs fall under criminal records, and it can be uncovered during background checks.
So what does this mean for your employment prospects? Let’s dive in and find out!
What is a DUI and How It Affects Background Checks
A DUI, or driving under the influence, is a criminal offense, and employers must know about it when hiring you.
DUIs generally remain in public records for several years, depending on the jurisdiction.
Even if you are acquitted of the charge, an arrest record may appear in some circumstances.
A DUI may not directly disqualify you from the position you’re applying for, but it will affect your overall evaluation as a potential employee.
When employers run background checks as part of their hiring process, they will see information about any DUIs you have on record.
They can also see the date and place of conviction, fines or jail time associated with the crime and more.
Depending on your employer’s policies regarding criminal convictions, this information could impact whether or not they decide to hire you.
Additionally, having a DUI can complicate other areas of your life; for example, if you’re applying for housing or insurance opportunities that require background checks during the application process.
It’s essential to consider these implications when deciding whether or not to plead guilty to a DUI charge—it might mean more in the long run than just fines and jail time.
How a DUI Can Affect Your Employment Opportunities
It’s common knowledge that having a DUI on your record can affect your ability to get a job, but you might need to know how much it can limit your career options.
Let’s break it down. There are two primary ways a DUI may prevent you from getting suitable employment:
Background Checks
Many companies run background checks on potential employees. So, if your criminal record shows you have a DUI, it could be seen as a red flag.
When this happens, employers can disqualify you from consideration for the job or revoke any offers already made.
Professional Licenses
Some professional and technical jobs require specific licenses to work in the field.
You may need to disclose any DUIs on your record if you’re applying for such positions.
Depending on the state, an employer may deny licensure due to a DUI conviction, effectively disqualifying you as an applicant altogether.
The situation isn’t hopeless, though—it is possible to reduce the impact of a DUI on employment opportunities by obtaining an expungement or sealing in some states.
Doing so will mean that the conviction won’t appear during background checks which might limit your professional prospects.
What Employers Look for in a Background Check
When you apply for a job, part of the process is undergoing a background check. Depending on the employer, an agency might do the check or be done in-house.
What exactly will an employer look for in your background check? Here are some common elements:
Criminal Record Check
This includes checking if you have any convictions or criminal charges related to driving, such as DUIs.
If the job involves driving or directly impacts public safety, employers must conduct criminal background checks to ensure that employees don’t pose any risks.
Employment & Education Verification
Employers may also verify information related to your past employment history and educational qualifications.
When hiring, employers want to ensure applicants are honest about their past work experience and educational background.
Credit Checks
Some employers also conduct credit checks to ensure that potential employees can manage financial responsibilities related to the job.
This is especially true for jobs related to finance and banking where dealing with money is involved.
It’s important to note that credit checks are restricted by law in some areas. So, research laws related to credit checks before moving forward with an application.
The Law and DUIs: How States Handle Them
When it comes to whether or not a DUI can show up on a background check, it depends on the state you live in.
Different states have different laws and consequences, so let’s look at some of them and break them down.
For example:
California
If you’ve had a DUI in California, it will stay on your criminal record for ten years—this is the same for both misdemeanors and felonies.
However, after 4 or 5 years (depending on the severity of the crime), people can petition to have their records sealed or expunged. This means it won’t show up on some background checks.
It’s worth noting that certain restrictions are in place when it comes to sealing or expunging criminal records.
Moreover, you should talk with someone knowledgeable about the specifics in your area before pursuing this option.
Florida
In Florida, DUIs will remain on your criminal record permanently as long as you are convicted. Also, there’s no option for sealing or expunging records.
A misdemeanor DUI conviction still has a lasting effect about six years after the conviction.
However, applicants can apply for “withholding” of adjudication if they meet specific requirements, such as completing probation without any new arrests.
The process may vary by county, so research this ahead of time if you want to pursue this route.
These are just two examples—the law varies from state to state regarding DUIs and background checks, so determine what applies in your particular state or region.
Rehabilitation and Employment Rights
Knowing your rights is essential if you have a DUI and are going through the background check process for a potential job.
The good news is there are laws to protect you and give you a fair chance at employment.
Rehabilitation Rights
The ‘Fair Credit Reporting Act’ gives individuals the right to explain any mitigating circumstances about their criminal background or record.
This helps employers better understand applicants and their experiences, helping them decide if a job offer is appropriate and reasonable.
Employment Rights
The ‘Americans with Disabilities Act’ makes it illegal for employers to discriminate against any qualified individual with a disability or medical condition, including those convicted of a DUI or other crime.
This means that any prospective employee can receive equal consideration for employment opportunities through the same process as any other candidate.
Even those previously convicted of DUIs are still eligible for specific jobs, provided they can demonstrate they’ve been rehabilitated.
Furthermore, employers cannot deny applicants solely because they have past convictions.
It is also unlawful for potential employers to ask about an applicant’s arrest record unless it directly relates to the position they are applying for.
By understanding your rights regarding DUIs and background checks, you can gain peace of mind knowing that you have an equal opportunity when searching for employment.
Tips to Help You Protect Your Job Prospects After a DUI
Getting a DUI is no fun and can hurt your chances of getting a job. But don’t despair just yet—there are steps you can take to protect your job prospects after a DUI.
Here are a few tips for you to consider:
1. Make Amends With Your Employer
Feel free to talk to your employer about what happened. Let them know you are fully responsible and committed to improving yourself and being an even better employee.
2. Consider Appealing the Conviction.
If it’s within the scope of the law, it may be possible to appeal the conviction in court or with a state or local agency.
Depending on the jurisdiction, you can appeal within thirty days or up to two years after the offense. It’s worth looking into this option if available in your area.
3. Rehabilitation
In some cases, employers might be convinced of your commitment to rehabilitation if they see proof of completing an alcohol-rehab program.
This especially the program addresses any underlying issues contributing to substance abuse problems.
4. Expungement
Another option is trying for an expungement of your record. By this, employers conducting background checks won’t be able to access any information about the past incident.
This can significantly increase one’s chances of getting employed again.
Conclusion
DUIs can have a lasting impact on your life and career opportunities. If you have a DUI, it’s essential to understand the consequences and limitations.
Also, look for ways to minimize the impact and increase your chances of finding meaningful employment.
Employers must understand the implications of running background checks and have a clear policy that treats all candidates fairly.
A policy that is consistent and non-discriminatory will help ensure that your organization also remains compliant with relevant laws and regulations.
The most important takeaway for job seekers and employers is understanding the laws and regulations governing DUIs, and background checks.
In addition, understand the laws on employment decisions that ensure everyone is treated fairly and equitably in the hiring process.
