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What You Need to Know About Undergoing a DUI Background Check

If your criminal record includes a DUI, a background check for employment or housing could reveal the conviction. Learn more here.

The Basics of a DUI Background Check

 

Unless it has been erased or sealed, a DUI conviction will appear on a criminal history check. This implies that it might be discovered by employers, renters, and others.

A background check based on an individual’s Social Security number is the most prevalent. The majority of employers and landlords utilize this type. In principle, DUI criminal convictions that have been wiped or sealed should not show up on this sort of criminal background check. Sadly, this is often not the case in practice.

On the other hand, employers and landlords might not always legally consider a conviction that has been erased or sealed. (There are few exceptions, such as when a person is applying to be a police officer.)

 

How to Explain a DUI to an Employer

 

It’s stressful enough to apply for a new job, let alone when you have a DUI conviction on your record that you’re hoping no one would discover. However, your possible new employer will inquire about your criminal background, and you must be prepared to respond.

 

How to Explain DUI on Background Checks

When discussing your DUI, the best strategy is to emphasize that it was a mistake and that you’ve learned your lesson. If it was a long time ago, you might mention that you were young and made a mistake. You may tell them what you learned from your DUI, even if it happened recently.

The goal is to demonstrate that it is no longer relevant and to move forward. Regardless of your DUI, you are a solid and competent applicant.

Note, though, that you should not discuss your DUI until you are questioned explicitly about it.

When Will DUI Show on Background Checks?

 

A DUI is a serious offense that may result in license suspension, hefty penalties, and even prison sentences. Your points on your driving record will be affected if you are convicted of a DUI. A first offense is usually categorized as a misdemeanor in all 50 states. A DUI will pop up on normal criminal background checks since minor convictions show up on criminal background checks.

 

How Far Back Will a DUI Show on My Background Check?

A criminal background check will reveal any DUI convictions. DUI charges can be investigated for up to seven years from the date of the criminal arrest.

DUI convictions may be seen on any criminal history search for the rest of your life. This implies that even if a DUI conviction occurred twenty years ago, an employer would be able to view it.

Can I Pass a Background Check With a DUI Charge?

 

Depending on how long it has been since your conviction and the severity of your DUI, the repercussions may be less severe. Even so, the mere fact that you have a DUI won’t help you.

With a DUI, passing criminal background checks isn’t impossible, but the odds are small. DUI sentences are viewed as unsafe by most businesses, colleges, and other organizations, and they may refuse to hire or admit you.

A DUI conviction is often seen as a sign of carelessness, untrustworthiness, and a lack of integrity by many individuals. And if that were your first DUI and you haven’t made the same mistake again, others may still look down on you and impede you from making meaningful decisions.

 

Can You Pass a Background Check With a DUI?

With a DUI, you might be able to pass the criminal background investigation. DUI criminal arrests that do not lead to an arrest do not imply criminal records. If you have been convicted of a crime, your conviction may not be an absolute ban to employment. If the candidate is looking for a position that does not require driving, the conviction may not preclude the applicant from getting hired.

Suppose you have been charged with driving while intoxicated in Maryland. In that case, it may be in your best interests to call an experienced Maryland DUI lawyer who focuses on DUI and practices general criminal defense.

An experienced defense attorney with local court knowledge can assist individuals in understanding their legal choices and taking actions to lessen the potential consequences of DUI accusations and convictions. The attorneys at Scrofano Law can help you if you face such allegations. Contact us at 202-946-5783 for a free consultation on your case, and let’s hear your story.

Does a DUI Arrest Appear on Your Criminal Record?

 

Any DUI conviction will be recorded on your driving record for eleven years. This implies that if you acquire a second or third DUI or are accused of another criminal or traffic crime within that time, a court or prosecution will be able to see that you had a prior conviction. Regretfully, this can have a detrimental influence on the result of your case and typically increases the severity of the penalties you will face.

DUIs are punishable by jail time, fines, and the loss of your driver’s license, but the particular punishment you get will depend on the nature of your circumstances and your driving record.

 

Does a DUI Appear on a Criminal Background Check?

DUI convictions show up on criminal background investigations as well as driving record checks.

While a DUI conviction may bar you from working in certain regulated sectors, you as an employer can apply judgment in determining its importance and relevance to the position you’re filling. This sort of tailored evaluation may be required by law in your region. Still, it’s also a good idea to follow the Equal Employment Opportunity Commission’s (EEOC) guidelines on the use of criminal background checks in hiring.

How Does a DUI Conviction Affect a Background Check?

 

Companies may refuse to hire an applicant based on the results of a criminal background inquiry. However, there are some guidelines that employers must observe. One, if your employer hires a third-party agency to do the background check, you must be informed and sign a permission release. Two, if an employer decides not to hire you because of unfavorable information in your history, the business must notify you in writing of the reasons for the decision.

Some employers overlook DWIs, particularly those that occurred years ago, while others do not. It depends on several things, including the corporate culture, the type of work, and the number of other applicants for the position.

 

How to Remove DUI From Background Check

Companies may refuse to hire an applicant based on the results of a criminal background inquiry. However, there are some guidelines that employers must observe. One, if your employer hires a third-party agency to do the background check, you must be informed and sign a permission release. Two, if an employer decides not to hire you because of unfavorable information in your history, the business must notify you in writing of the reasons for the decision.

Some employers overlook DWIs, particularly those that occurred years ago, while others do not. It depends on several things, including the corporate culture, the type of work, and the number of other applicants for the position.

 

How to Remove DUI From Background Check

 

Following a criminal conviction, several jurisdictions provide procedures to clear your record. The procedures for doing so, as well as the consequences of an expungement, differ by state. However, an expungement often lets you honestly declare (for example, to prospective employers) that you have no criminal record.

Obtaining an expungement usually entails filing an application and attending a hearing in court. The judge will determine whether to approve or refuse the expungement at the hearing.

Every state, including DC, has its own requirements for the period of time that must pass between your conviction and your petition to have your record expunged. Some states have a three-year or five-year waiting period. Other states enable people to apply for expungement after they’ve completed probation.

 

Expunged DUI Background Check

Most criminal background investigations will not display your DUI if it is erased. Even if your employer learns of your DUI, they can no longer hold it against you. An erased conviction is unlikely to be taken into account when applying for jobs, professional licenses, or college admissions. This would now be considered discrimination.

That isn’t to say that your DUI will go unnoticed, but it becomes non-problematic. If you face DUI background discrimination or any other problems related to DUI and need legal advice, contact Christopher J. Mutimer of Scrofano Law. We care about our clients and wish to help them live a normal life.

DUI background checks and DUI arrests are more common than we would like to admit; however, not all of them are justly conducted. Contact us at 202-946-5783 for a free consultation today, and let’s hear about your case! It’s time to get back on your feet and fight for your rights.

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