A DUI will typically show up on a background check. This can make it more difficult to get a job, especially as a commercial driver. If you have already been convicted for DUI, you can try to get the record expunged. If you are facing DUI charges and are worried about having a record, there may be options like diversion.
DUIs show up on most background checks
A background check will usually find any criminal conviction in your past. A conviction for driving under the influence (DUI) can be either a misdemeanor or a felony, not a non-criminal infraction.
Even if you were not convicted of DUI, the arrest record may still appear in a criminal background check. Some background check companies do not include arrest records, though. Some states, like California, have laws that require arrest records to be sealed or destroyed if:
- the charges were dismissed, dropped, or not filed, or
- you were later found to be not guilty.[1]
The DUI lawyers at our law firm have found that the blemish on your criminal history can be one of the worst consequences of a conviction. This is particularly true for professional drivers with a commercial driver’s license (CDL). Employment background checks in their industry focus on traffic violations and criminal charges for drunk driving.
Consequences of a DUI conviction
Getting convicted for DUI or DWI comes with a lot of different penalties and setbacks. You could face:
- time in jail or prison,
- criminal fines,
- court costs,
- attorneys’ fees,
- the costs and stigma of having to use an ignition interlock device (IID),
- transportation issues from your driver’s license suspension or from the limitations of a restricted license, and
- professional and personal setbacks from having a DUI conviction on your criminal record.
Our DUI defense attorneys have noted that many of the personal and professional setbacks come after someone does a background check on you. People who often conduct background checks are:
- potential employers,
- landlords,
- prospective lenders, and
- members of the public.
Depending on how they feel about a prior DUI offense, you could lose:
- a future employment opportunity,
- the ability to rent an apartment,
- a chance to get a loan, or
- a personal relationship.
Some DUIs are severe criminal offenses that can make you ineligible for a professional license.
Expunging your criminal record
If you have been convicted for a DUI offense, you can get your record expunged, or sealed from the public record. However, different states have vastly different rules on who is eligible and which DUIs can be expunged.
In California, you can have misdemeanor or felony DUI offenses expunged if you:
- have completed probation, and
- either did not spend time in state prison for the offense, or would not have spent time in state prison under the “realignment” rules of Proposition 47.[2]
California has no waiting period for expungements, as many other states do. You can petition for an expungement as soon as you finish probation. If the judge grants the petition then he or she would dismiss the case after:
- you re-enter a plea of “not guilty,” if you pled guilty or no contest to the charges, or
- the judge sets aside the verdict of the jury or bench trial that ended with your conviction.[3]
Expunging your DUI record does not mean it will not count as a prior offense. If you get convicted for a first-offense DUI, expunge it from your record, and then get arrested for DUI again, the new DUI arrest would still be charged as a second-offense DUI. Law enforcement agencies can still see the prior offense.
However, it does mean that you can deny being convicted of DUI during the hiring process or on a job application.
Defending against a DUI charge to keep a clean record
If you are still facing a DUI charge and are worried about the effects of having a conviction on your record, then that concern should influence how you defend yourself. Certain defense strategies can reduce the effects of your criminal record.
For example, some states have diversion programs for DUI cases. Diversion programs generally follow these steps:
- you plead guilty,
- the judge suspends the sentence, pending the completion of the diversion program’s requirements,
- you complete the terms of the program, which often includes paying court fees, attending a victim panel, installing an IID, and completing an alcohol treatment program, and
- the judge sets the case aside, dismisses it, and expunges the record of it.
Not all states have such laws, though. In California, for example, judges are barred from putting a DUI case into diversion. According to the state’s Vehicle Code:
“In any case in which a person is charged with [DUI], prior to acquittal or conviction, the court shall neither suspend nor stay the proceedings for the purpose of allowing the accused person to attend or participate, nor shall the court consider dismissal of or entertain a motion to dismiss the proceedings because the accused person attends or participates during that suspension, in any one or more education, training, or treatment programs, including, but not limited to, a driver improvement program, a treatment program for persons who are habitual users of alcohol or other alcoholism program, a program designed to offer alcohol services to problem drinkers, an alcohol or drug education program, or a treatment program for persons who are habitual users of drugs or other drug-related program.”[4]
A new California state law seemed to suggest that misdemeanor DUI cases were eligible for diversion, but a state appellate court said that it did not.[5]
Other jurisdictions may have strict eligibility requirements for their diversion programs.
Another common legal defense that our criminal defense lawyers use is to plead guilty to a lesser offense, like a wet reckless. While these convictions still hurt your driving record, they are not as severe.
Legal Citations:
[1] California Penal Code 851.87 PC.
[2] California Penal Code 1203.42 PC.
[3] Same.
[4] California Vehicle Code 23640(a) VC.
[5] California Assembly Bill No. 3234 (2021) and Tan v. Superior Court, 76 Cal.App.5th 130 (2022).
