If you are convicted of a DUI in California, it is possible for a background check to reveal the conviction for up to ten years. Your background check can also reveal any charges related to a DUI, such as convictions for refusing a chemical test after a DUI arrest or other impaired driving offenses. While California offers many protections for individuals, passing a background check with a DUI on your record can be difficult.
Whether you already have a DUI on your record or you are facing a possible conviction, a DUI lawyer may be able to help you. To learn more about the options available for you, enter your contact information on the sidebar of this page or call (310) 862-0199 to schedule your free appointment with an experienced DUI lawyer.
A DUI Conviction Can Impact Your Life for Years to Come
DUI convictions come with immediate penalties from the state and can have lingering consequences. When you’ve served your jail sentence and paid all the fees associated with your conviction, the state will keep a record of it for 10 years. While the state will use this record for the purposes of determining future penalties for drunk driving charges, background checks will show the conviction for this amount of time as well.
Specifically, criminal backgrounds may be performed by:
- Colleges or universities
- Professional licensing associations
Your criminal conviction is not a protected class in California. That means you may not get accepted to a college, be able to receive a job, rent a new apartment, or even get a new certification for your job.
How California’s “Ban the Box” Law Affects Employment Opportunities
The California Fair Chance Act became effective at the beginning of 2018 and impacts how employers may consider convictions during the hiring process. As a “Ban the Box” law, the Fair Chance Act bars many public and private employers with more than five employees from considering a person’s criminal conviction history prior to making a job offer. Before a conditional job offer has been issued, employers may not consider convictions, arrests that did not lead to a conviction, or any sealed or expunged conviction.
The Fair Chance Act doesn’t mean a DUI conviction can’t affect your ability to get a job. After you’ve been given a conditional job offer, employers be able to ask about your criminal history and perform a criminal background check. Likewise, certain employers are not covered by the law and may bar individuals with criminal convictions.
If you’re concerned about your DUI conviction will affect your job prospects, a DUI lawyer may help. Under the Fair Chance Act, an employer who wishes to rescind a conditional job offer must explain the reasoning behind the decision and give you a chance to respond. In your response, you can challenge the conviction history and show how you’ve been rehabilitated. Your DUI lawyer may be able to advise you on how your conviction history may be mistaken and the best ways to show an employer that you’ve been rehabilitated.
Expunging Your DUI Record
A DUI conviction can be hidden from your criminal record under certain conditions. Known as an expungement, the conviction can be effectively sealed from your record if you:
- Have completed all penalties given for your DUI conviction
- Did not have to spend time in a state prison for the conviction
- Are not currently facing the possibility of other criminal convictions
While an expunged DUI conviction generally does not show up on a criminal background check, some will report the conviction as having been expunged from your record.
Expunging your DUI conviction can help you get a job or an apartment, it does not completely remove your conviction from your record. Future DUI charges, insurance rates, and some jobs can continue to use the DUI conviction against you.
Have a DUI Lawyer Help You Pass Your Background Check
While avoiding a DUI conviction is the best bet for passing a background check, you do still have options if you already have one. Expunging your record can be complicated, but a DUI lawyer can help simplify the process for you. They can examine your record to determine your eligibility, as well as help you file the necessary paperwork to have your DUI conviction expunged.
If you’re ready to have an experienced DUI lawyer help you pass a background check by addressing your DUI conviction, call (310) 862-0199!