A Driving Under the Influence (DUI) charge can have problematic implications for your future career. Convictions can be even worse, as they are more likely to eliminate you from the hiring process. While it is possible to pass a background check with a DUI, this is not always possible.
A Los Angeles DUI 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.
Do Background Checks Always Check for DUIs?
If you are convicted of a DUI, background checks can reveal that conviction for up to ten years. If there are any charges related to that DUI, those related charges can also be shown in the background check report. All is not lost, though.
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. To find out the reality of whether your DUI will show up on the report, speak to a Los Angeles DUI attorney.
Can You Pass a Background Check with a DUI in California?
While there are many protections available to individuals who live and work in California, it can still be incredibly difficult to pass a background check with a DUI. Usually, having a DUI on your criminal record is especially bad for people who are looking for work. This is more true when you are required to submit to a background check.
The consequences of your conviction may be less severe during your job search, depending on how long it has been since you were convicted. If you were not convicted and instead only received charges, your odds of passing the background check increase as well.
Generally, it is not completely impossible to pass a criminal background check if you have a DUI. Still, it is important to understand that your chances of passing are slim to none. 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.
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.
When your goal is to pass a background check with a DUI, you need to be upfront when asked about any charges or convictions. 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 working with substance abuse professionals.
How Does a DUI Impact Your Life?
You should never risk getting a DUI if you can avoid it. This type of criminal charge can follow you for a decade, if not longer. Not only will it prevent you from passing a background check in most cases, but 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.
What Types of Organizations Require Background Checks?
Background checks are a common tool used by a variety of different organizations. This includes colleges, universities, employers, landlords, professional associations, and lenders. That means you can be limited from attending a certain school, getting certain jobs, and even being accepted into a home you desire to live in.
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 considering a person’s criminal history before making a job offer.
If a conditional job offer has not been issued, employers in California are not allowed to consider convictions or 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 to the applicant.
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 allows DUI convicts the chance to challenge their conviction history and present to the employer how they have been rehabilitated following the accident.
Can a DUI Be Removed from Your Criminal Record?
Under certain conditions, a DUI conviction can be hidden from your criminal record. This process is known as expungement, and through expungement, DUI convicts can have the record of the conviction sealed. Once it is sealed, the DUI is most likely not going to 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. The possibility of other criminal convictions, such as an active trial, will also bar you from getting your DUI expunged.
Resolve Your DUI Issues
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 completely remove your DUI 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.
To get in touch with a DUI attorney today, contact us today by reaching out online or by phone.