If you’ve been brought up on impaired driving charges, you might be wondering if you can pass a background check with a DUI. Passing a background check with a DUI can be difficult, but it isn’t entirely impossible. Fortunately, a Los Angeles DUI lawyer can provide the legal guidance you need to navigate this confusing and stressful time in your career.
An experienced attorney can help you determine whether your DUI will show up on a background check and whether or not you can pass the background check if the DUI is discovered. Keep reading to learn if you can pass a background check with a DUI.
Can You Pass a Background Check with a DUI in California?
As mentioned above, it can be incredibly difficult to pass a background check with a DUI in the state of California. That said, several factors may increase your chances of passing one. First, if you were convicted of a DUI more than 10 years ago, there’s a chance that it won’t show up on a background check.
If you were charged with a DUI but not convicted, your odds of passing the background check will increase as well. While it does depend on the type of job you are applying for, most employers, universities, and other institutions consider DUI convicts as high-risk, which may encourage them to decide against hiring you.
However, different background checks look for different things. Depending on which organization conducts your background check, there’s a chance that your conviction won’t show up. An experienced Los Angeles DUI lawyer can explain which background checks look for DUIs and advise you on whether you’ll be able to pass a background check with a DUI.
Do Background Checks Always Check for DUIs?
Sometimes DUIs will not appear in criminal record screenings. In certain cases, your DUI may only be considered a traffic violation when surfaced in a background check report. Whether your DUI shows up depends on the organization conducting the background check.
For example, if you’re trying to join the military or a high-level government organization, your DUI will likely show up. On the other hand, if you’re applying to work at a retail store or restaurant, there’s a greater chance that your conviction won’t appear on the pre-employment background check.
How Are DUI Charges and Convictions Seen by Employers?
To most employers, a DUI signals that a potential employee may be irresponsible or untrustworthy. While you may be an upstanding citizen, in reality, you are still subject to the opinions of human resources employees during the hiring process. If the employer decides that your DUI shows a lack of integrity, they have every right not to proceed with the hiring process.
If your goal is to pass a background check with a DUI, it can help to be upfront when asked about any charges or convictions you have. Explain that the DUI was a mistake and that you have done significant work to avoid making that mistake again. If possible, show evidence that you have completed related training or are currently in a substance abuse program.
What Types of Organizations Require Background Checks?
Background checks are a common tool used by various organizations, including colleges, universities, employers, landlords, professional associations, and lenders. A DUI conviction could prevent you from attending a certain school, getting certain jobs, and even being accepted into a home you desire to live in.
Luckily, a Los Angeles DUI lawyer can provide the information and guidance you need to avoid the life-changing consequences of an impaired driving charge. You can count on an experienced attorney to work tirelessly, fighting to protect your career and your future.
What Is the Ban the Box Law?
The California Fair Chance Act was enacted at the beginning of 2018. It impacts how employers are told to handle convictions during the hiring process. This law is sometimes called a “Ban the Box” law, as it bars public and private organizations with more than five employees from asking a potential hire about their criminal history before offering them a job.
If a conditional job offer has not been issued, employers in California are not allowed to consider arrests that did not lead to a conviction. They also cannot consider any convictions that have been either sealed or expunged from the applicant’s criminal records.
While this offers some protection to job seekers who have a DUI on their record, it is no cure-all. Some employers do not fall under this law, meaning they are allowed to include your DUI in their consideration for the position. If an employer is bound by the Fair Chance Act, they can only consider such criminal history after they have made a conditional job offer.
Once that offer is made, the employer can only rescind the offer after providing reasoning for the decision and giving you a chance to respond. This will give you a chance to present evidence of your rehabilitation to your potential employer.
Can a DUI Be Removed from Your Criminal Record?
Under certain conditions, a DUI conviction can be hidden from your criminal record. Hiding your DUI can be accomplished through a process known as expungement. Through expungement, DUI convicts can have the record of the conviction sealed, which means it most likely won’t show up on a background check.
To have a DUI expunged, you must have fulfilled any penalties given to you for your DUI conviction. You also cannot have spent time in state prison due to the conviction. It’s important to note that you’ll be barred from expungement if you are facing an active trial for another criminal charge.
How Does a DUI Impact Other Areas of Your Life?
A DUI conviction can follow you for a decade, if not longer. Not only will a conviction prevent you from passing most background checks, it will also result in penalties like fees or time in jail. While jail time and fees may only impact you temporarily, the lost opportunities associated with failed background checks can severely limit your ability to live a comfortable life.
How To Avoid a DUI Conviction in the First Place
While there’s a chance that your DUI won’t show up, it’s best to go into a background check with a clean record. To do so, you’ll want to take steps to avoid getting a DUI conviction in the first place. If you’re facing impaired driving charges, a skilled attorney can take on your case and work tirelessly to get your charges reduced or dropped.
Here’s what an experienced lawyer can do to help you avoid a conviction:
- Conduct an investigation and gather evidence that’s relevant to your case
- Use police reports, witness testimonies, and other forms of evidence to build a defense strategy
- Challenge the accuracy of field sobriety tests
- Question breathalyzer calibration
- Question the arresting officer’s conduct
- Negotiate a DUI plea bargain with prosecutors
- Represent you in court and present strong legal arguments
- Answer any questions you have throughout the legal process
- Determine if you can pass a background check with a DUI
These are only a few of the actions an attorney can take for you after a DUI arrest. No matter how complicated or severe your situation is, you can count on a committed lawyer to thoroughly investigate your case and mount a defense that’s likely to end in a favorable outcome.
Learn More About Passing a Background Check With a DUI
A DUI conviction should not hold you back from living a fulfilling life and having an active career. To ensure that your DUI does not keep you from pursuing a fruitful career, work with a Los Angeles DUI attorney to get your DUI removed from your record. Or, if you are currently facing a DUI charge, get help from a lawyer to increase your chances of winning the case.
Contact a Los Angeles DUI lawyer today to learn more about your legal options after a DUI arrest or conviction. An experienced attorney can answer any questions you have about your case and provide more information on whether you can pass a background check with a DUI. We look forward to hearing from you soon.
