Many jobs will not consider an applicant with a DUI charge or conviction. However, positions that involve operating a vehicle and other jobs requiring a security clearance may be more difficult to obtain with this type of criminal record. Learn more DUI employment background checks.
Transparency with your potential employer is key. Learn more about how DUIs are viewed in employment background checks and the time frame they may remain on your record.
Job Requirements
Generally, DUI convictions can limit employment opportunities, but it depends on the job and the nature of the DUI. Positions that require driving or handling company vehicles can be especially sensitive to prior convictions, and companies may have policies that bar anyone with a DUI on their record from working for them.
Positions that work with children, the elderly, or the disabled are more likely to be sensitive to DUIs, as can jobs requiring a security clearance or positions that deal with confidential information. Some states have laws that prohibit employers from discriminating against applicants for employment based on their criminal records, including DUIs.
Some states also have “ban the box” laws that impact when employers can ask about a candidate’s criminal history, including DUIs. A lawyer can help you understand the state laws that apply to your situation and help you navigate any challenges in finding a new job. A lawyer can also explain your options for expunging a DUI record from your background check.
Personality
A DUI conviction can have a major impact on the personality and reputation of the convicted individual. People with a DUI on their record can find that they are not as welcome in certain types of jobs. For example, some hospitals will not hire nurses with a DUI on their records because they are considered to be at risk for being around patients. The same could be said for a position in the military or with government agencies. Executives are also at risk for having their employment impacted by a DUI, as well as any type of job that requires them to travel abroad or interact with other high-profile individuals.
It is completely legal for an employer, higher education institution or professional organization to factor in a DUI when making a decision about hiring, acceptance or licensing. However, if an employer asks about your arrest or conviction history and it is not related to the position for which you are applying, you have the right to refuse to disclose that information.
Driving Record
Regardless of whether the DUI is misdemeanor or felony, it will appear on any background check of your criminal record and driving history. Typically, these records are checked by employers, landlords and other individuals who conduct checks of people’s eligibility to work or live.
Depending on the position you’re applying for and the state you’re in, the presence of a DUI arrest or conviction may make it difficult to get a job. This is especially true for positions that require commercial licensing or that involve fleet management.
In addition, some private and government organizations that require a security clearance or work with sensitive information may refuse to hire employees with DUI charges on their records. Luckily, many states offer expungement for those who complete certain conditions, such as alcohol education programs or compliance with sentencing requirements. This can lift barriers to employment and make you more marketable in the future. The right lawyer can help you pursue this option in your state.
Criminal Record
A DUI conviction can show up in criminal background checks that are conducted for the purpose of applying for a job, renting an apartment, or obtaining professional licenses. These searches may also be conducted by educational institutions when deciding whether to admit a student. Most states require such checks for people who work with children or elderly persons.
Whether a DUI conviction or arrest will hinder employment prospects depends largely on the state law governing background check reporting and the nature of the position for which you are seeking employment. Factors that can be weighed include the severity of the conviction, any injuries or fatalities that resulted from the incident, the frequency of past arrests and convictions, and how recent the conviction is.
Some jurisdictions have adopted “ban the box” strategies to remove questions regarding criminal history from job applications. It is best to be honest about your arrest and conviction in any application, but some states will lift barriers if you are on probation or complete alcohol education programs.
