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The Relationship Between Misdemeanor DUI and Employment

 

Losing your job is one of the many possible punishments for a DUI. Learn more about misdemeanor DUI and DUI employment here.

What You Should Know About Misdemeanor DUI and Employment

Companies and other organizations are at liberty to conduct a criminal background check regarding employment eligibility. They may choose to overlook misdemeanors, especially if some time has passed since you were convicted. This includes misdemeanor DUI offenses.

Typically, when you are applying for a job, you will need to disclose misdemeanor DUI convictions if you are asked. This is because most organizations will conduct criminal background checks on job applicants, and lying could result in dismissal even if you are initially hired.

On the flip side, different organizations will conduct employment eligibility and background checks differently. Some will not bother with past convictions or DUI arrests, while many deem it a huge red flag.

As such, whether a background check will hamper your employability if you have DUI convictions depends on the industry, company, and workplace culture. As such, we recommend that you not disclose your criminal record unless specifically asked.

Will a Misdemeanor DUI Conviction Affect Employment?

Unless you had your DUI conviction expunged, you should disclose your record if asked about it. This is because most organizations will work with background check companies to unearth any traffic violation on your driving record before engaging you as an employee.

Even though most organizations will not mind someone with a misdemeanor DUI  conviction, they will not be so forgiving to a job applicant that lies in the interview process.

We always advise that you be honest about any convictions you have when brought up at the interview. You could have better luck talking up the offense as a mistake and emphasizing that you have changed since then. It could also be helpful to explain what you learned from the situation.

However, it is essential to note that Title VII of the Civil Rights Act of 1964 prohibits organizations from rejecting applicants based on a conviction unless under exceptional circumstances.

At Scrofano Law, we understand that DUI offenses may result in severe consequences in the job market. As such, it is critical to consult with DUI lawyers before engaging with employers.

Christopher J. Mutimer of Scrofano Law is a highly experienced DUI attorney who understands the applicable state law on DUI and employability. He will provide the legal advice you need as you go for the initial and subsequent interviews so you can have a favorable outcome.

Will a DUI Show Up on a Background Check?

In most states, DUIs will show on a background check. However, different employers take different approaches to hiring. Many organizations will check for convictions by searching the DC Court case database or hiring background check companies. 

Some hiring managers will outright ask if you have ever been arrested or have DUI convictions. Since a DUI is a misdemeanor conviction in DC, most organizations will give a conditional offer of employment contingent on a background check conducted later. 

Nonetheless, this does not mean that being convicted of driving under the influence means you will be terminated from your employment. It may mean that the organization is simply making inquiries before making a decision that may also consider other factors. 

You should contact a reputable Virginia DUI lawyer if you have been charged with DUI offenses. At Scrofano Law, we have lawyers with the necessary skill and understanding of DUI and employment law to handle a wide range of cases effectively. We may be able to provide the advice and legal representation you need.

Can a DUI Stop You From Getting a Job?

Even if it is simply a misdemeanor, a DUI offense in DC can have immediate and severe consequences on your life. The effects of being found guilty of a DUI can reverberate across the years and may stop you from getting a job.

Certain jobs are legally off-limits to people who have been charged or been found guilty of drunk driving offenses. Some federal and local laws prohibit employers from employing anyone with DUI convictions.

Some jobs that deal with sensitive information, such as healthcare, education, or anything that requires security clearance, may require the organization to check the commercial driver records of an applicant.

If you are facing DUI charges in DC, contact the experienced attorneys at Scrofano Law, as we may be able to help reduce the charge you are facing or even have the charge dropped before trial. We have helped many clients in a similar situation by offering legal advice and representation, and we may do the same for you.

Is a DUI a Criminal Offense on a Job Application?

There are several jobs where employers will be prohibited from employing you if you have a drinking and driving record. However, it is essential to note that the manager will consider several things if the job applied for is not one of the exceptional cases.

Some of these include:

  1. The seriousness of the DUI offense – The hiring manager may consider whether the DUI offense involved death or severe injury or if you had minor children in the vehicle.
  2. Age of the Offense – There are different state and federal laws depending on the severity of the offense that will determine how far the organization can go in conducting background checks
  3. Remediation Programs Taken – The hiring manager might consider the completion of remediation and rehab programs.
  4. Company Policy – Different organizations have regulations and rules for employing people with criminal records. As such, they might be legally required to do a driving record check on employees for such positions. Some of these may include working with children or vulnerable people or operating a vehicle or equipment.
  5. State Laws and Federal Laws – Several regulations at both district/state and federal levels govern the hiring process when it comes to criminal records. For instance, one cannot drive a tractor-trailer or school bus if they have a criminal conviction.

Our lawyers know all about the laws regarding DUI in Washington, DC. We can work within the law to help you going forward, including aspects such as expunging your record to resume living your life without having a cloud of convictions complicating things.

At such an uncertain and challenging time, it is only by working with a DUI lawyer that you can achieve some peace of mind. Whether a company vehicle driver, a commercial truck driver, or any other professional that needs to operate a vehicle as part of their job, being convicted of DUI means the automatic loss of your job.

If you are facing such charges, the first step is to get in touch with a DUI lawyer in Washington, DC. Only they can offer you the best chance of defending your innocence and, if necessary, mitigating the sentence to allow you to keep your job.

Contact us today for a free consultation as we usually have a lawyer waiting to answer all your questions on DUI and employment.

Contact us today for a free consultation as we usually have a lawyer waiting to answer all your questions on DUI and employment.

Will a DUI Ruin My Career?

Almost every employer will run a background check on potential job applications or current employees. Being found guilty could impact your ability to find or maintain current employment.

However, not everyone who has a DUI arrest or offense on their record will necessarily find it hard to find a job or have to lose their job. Some organizations only draw the line at a felony conviction; hence, being charged with a misdemeanor might not significantly impact your employment. 

It is important to note that employers in DC are prohibited from inquiring into an applicant’s criminal history or running background checks before making conditional offers of employment. As such, most organizations cannot run background checks until they make you an offer. 

Still, many organizations need a security clearance in Washington, DC. Such employers will usually run background checks on applicants and current employees. This means that the policy will vary widely depending on the type of employment you have or are seeking.

Getting a DUI charge can be stressful, so we always advise that you contact a lawyer as soon as possible. By working with a DUI defense lawyer like the experienced defense lawyers at Scrofano Law, you can get the legal advice and representation you need to get a favorable outcome at work or in the courts. 

How Bad Is a DUI for Employment?

Applying for a job while having a DUI conviction on your record will not necessarily disqualify you from employment. For many organizations, even if a DUI shows up on a background check, they may not hold that against you as long as you do not have multiple convictions. 

However, certain private and government organizations that require a security clearance or one where an alcohol-related offense may be deemed detrimental to performing a certain job might deny employment for criminal convictions.

A prospective employer might reject your job application outright if you have a DUI. Still, many others will allow you the chance to explain your conviction. Some will consider other factors such as having completed education programs and alcohol treatment if it is shown they had their charge dropped after meeting certain conditions. 

On the other hand, a DUI charge can impact current employment as certain employers require employees to notify them when they are convicted or even charged with any criminal offense such as DUI.

As such, it is critical to know the requirements of an employment contract or requirements for security clearance once you are arrested on DUI charges. Some employers require employees to notify them as soon as possible after the arrest, in addition to any changes in their legal circumstances.

Given the gravity of drunk driving charges, it is critical to discuss your employment situation with a defense lawyer as soon as you are arrested.

Contact the experienced and skilled attorneys at Scrofano Law today to develop an attorney-client relationship. Contacting us as soon as possible makes it easier to create a defense strategy and offer advice on the proper course of action in the circumstances. 

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