Can a DUI Affect an Employment Background Check?

DUI Lawyer Salt Lake City, UT

The domino-like effect that a DUI conviction can have on your life can be devastating, as a DUI lawyer Salt Lake City, UT trusts can attest. Years after the incident you might still feel the repercussions. A DUI can affect you career, especially if driving is part of your job or you hold a commercial driver’s license.

As you look for a new job, it is possible that a prospective employer will choose to conduct a background check for a broad reasons. Depending on how the check is done, there is a chance that your DUI(s) will be exposed, as a DUI lawyer in Salt Lake City, UT relies  on can attest. There are limits to what an employer can see in a background check, and whether a DUI can/should be a decision to hire (or fire) someone. These limits are governed by state laws that vary from one state to another.

Federal Restrictions on Citizen Background Checks

Every state is subject to the Fair Credit Reporting Act which is federally governed and applies to any background check performed by an outside company. The FCRA does not allow criminal arrests to be reported after 7 years; however, criminal convictions, which includes a DUI, can be reported forever. These restrictions apply only to jobs with an attached salary of less than $75,000.

There are many examples of cases that have involved federal court’s ruling against employers who refuse to hire people who have been convicted. These courts have prohibited employers from doing so unless than can demonstrate a valid reason for not hiring the individual.

State Laws that Oversee Background Checks

As a Salt Lake DUI lawyer can explain, nearly every state has laws that allow an employer to refuse employment to a convict; some even allow employers to refuse a job applicant who has been arrested. Some states do have laws that mandate employers to show the relevance of a conviction, but most don’t.

Nine states, including California, offer special certificates to people who have been convicted of a DUI and other charges which could lift certain barriers to obtaining unemployment. It is also possible in select states to file a motion after completing probation, that withdrawals a plea and shows in your record that your case has been dismissed.

If you are planning to apply for a professional license or are running for public office, you likely have to disclose a DUI or any other criminal conviction. The same would be true when you’re directly asked on a job application about whether or not you have a criminal conviction.

When a Background Check May Be Required

Background checks are often required for jobs that include anyone who will be working around children, elderly, or disabled people, as a DUI lawyer in Salt Lake City, UT explains. A DUI might not prevent you from working in one of these related professions, but could be a factor. State and federal government jobs will also typically require a background check, especially those that involve passing a security clearance. Commercial drivers, pilots, boat drivers, rideshare drivers, doctors, or anyone who needs a special license could be prohibited from driving commercially, or even lose their professional license.

Depending on the state you were charged with a DUI and other factors, it may be possible to expunge your DUI. A DUI lawyer in Salt Lake City, UT should be able to offer guidance in background checks, expungements, criminal records, and also how you can obtain high risk insurance. To learn more about your DUI charges, call Rasmussen & Miner today.