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Does a DUI show up on a background check?

Posted by Neil Shouse | Jun 14, 2018 | 0 Comments

In today's economic climate, making the amount of money you need to make ends meet isn't something to take for granted. The saturation of the job market in many industries can make even getting an entry-level position difficult. Having a DUI on your record makes the process of finding a job and maintaining employment an even more difficult task. For a person who has been convicted of a DUI, background checks and employment limitations are the primary concern.

The majority of companies and organizations take the hiring process seriously. They want to ensure that the person they're bringing to take on certain responsibilities will be a suitable fit, will adequately represent the organization, and won't pose a risk to employees. For employers, a background check is an ideal method to find out important information about the applicant they are considering hiring.

In most cases, a DUI conviction does appear on criminal background checks. Sole DUI arrests, however, will not always show up. The way criminal background checks are used, and whether the information on your criminal record can be held against you, hinges on several factors. It also is possible for one to completely remove a DUI conviction from their record through expungement.

Who Runs Background Checks?

Background checks are conducted by a number of parties for various purposes. They include:

  • A future employer: to make the decision of whether to hire you or not.
  • A current employer: when reviewing the records of its employees.
  • Colleges and universities: when considering whether or not to grant you acceptance.
  • Professional organizations: when making the decision to license you in a particular trade or skill.
  • Apartment complexes: when determining whether to approve or deny you for residency.

A DUI conviction will likely come up in a background check in all of these circumstances. It is completely legal for an employer, higher education institution, or professional organization to factor in a DUI when deciding whether to hire, accept or license you. Therefore, passing over your application due to your criminal record isn't discriminatory.

It's important to note that some employers may not conduct a background check, but will ask you to disclose your criminal history in a job application. Being truthful is always the best bet in these situations.

If you have been convicted of a DUI, this obviously isn't good news. But you can do something to change your situation.

Expunging a DUI From Your Record in CA

Under specific circumstances, you can have a DUI completely removed - or expunged - from your criminal record with the assistance of an attorney. You will be eligible to expunge a DUI if you meet all of the following conditions:

  • You have served all penalties (including probation)
  • You aren't currently facing any other criminal charges
  • Your sentence didn't involve imprisonment

If you happen to qualify for an expungement, an attorney can help you petition the court. A successful expungement signifies that a DUI conviction or charge will no longer be detected by employers and other parties in background checks, and you won't be required to disclose it.

If you need representation, need help with the expungement process, or have more questions about your DUI, we invite you to contact the Shouse Law Group today. You can find us online or give us a call at 855-396-0370.

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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