Many individuals will be subjected to background check in DUI cases, especially when applying for jobs. DUIs, especially felony convictions, are likely to show up on criminal background checks unless they are expunged.
Some background check companies may also report pending DUI cases in an effort to comply with EEOC guidance that suggests that arrests that don’t lead to conviction should not be considered for hiring purposes.
What is a background check?
A background check is a search of criminal records that can reveal information about an individual. Employers, apartment owners and other organizations conduct background checks to help keep people safe from potential threats. Background checks can include searches of criminal records, motor vehicle and driving record, education verification, employment history, reference checks, credit checks and drug screening.
Generally, a DUI conviction will show up on a background check, even if it is a misdemeanor. However, the EEOC recommends employers consider whether a conviction has relevance to the position for which an applicant is applying before making a hiring decision based on this conviction. Some jobs may not allow a candidate to take on a role that involves driving a company car or truck, for example. For this reason, it is important for job applicants to be honest about a past DUI arrest or conviction when applying for a job. Background checks are often conductedthird parties, so honesty is essential.
How does a DUI show up on a background check?
Employers and other organizations often conduct criminal background checks before hiring employees. These background checks typically reveal convictions, as well as arrests that did not result in a conviction. DUIs are considered criminal offenses and therefore will appear on a criminal background check.
In some states, DUIs may also be revealed on a motor vehicle record (MVR) background check. Whether or not a DUI will show up on a MVR background check depends on the circumstances surrounding your DUI. For example, if the DUI led to a fatality or serious injury, it is likely to be considered a felony and will appear on a MVR background check.
When applying for a job, you should disclose any and all criminal convictions on your application. Lieing on your employment application is illegal and could lead to repercussions in the future, including losing your job or even being arrested. If you have a DUI on your record, it’s important to explain the circumstances surrounding it to a potential employer.
Will a DUI prevent me from getting a job?
While a DUI will show up on a background check, it is not a dealbreaker for every job. The individual or company conducting the background check has discretion to pass or disqualify candidates based on any information in their records as long as they do not discriminate against that applicant or violate fair hiring laws.
Having a DUI on your record will make it more difficult to gain employment, especially if you work in professions that involve driving or have CDL jobs. However, the impact varies depending on your goals for your career. Many employers will ask you to explain your record and may be lenient, particularly if the conviction is your first.
It is important to be honest with potential employers and not hide this information from them. This will only hurt you in the end if they find out later when you are struggling to getwith your limited income. In some cases, you can also request to have your records sealed which will hide the DUI from public view.
Will a DUI disqualify me from a job?
A DUI will show up on a background check but it may not disqualify you from a job. This depends on a number of factors including whether the DUI was a misdemeanor or a felony, company policy, and how severe the conviction was. It also depends on the type of job for which you are applying. Some organizations, particularly government and private ones that require security clearances, will not hire people with DUIs or other criminal records.
If you are asked on a job application about your criminal history, you should always be honest. Lying on an application can come back to hurt you, especially if it is found out later. It is better to be upfront about a DUI on an application than to lie and get caught later on in the process. If you have a DUI on your record, many employers will give you an opportunity to explain it in depth during the interview process.