Misdemeanor DUIs will show up on criminal background checks issued in California unless you’ve undergone the expungement process. Unfortunately, the long-standing nature of a misdemeanor conviction can make it harder for you to rent an apartment, buy a house, or make it through the hiring process.
Our DUI lawyers in Los Angeles want to help people in your shoes overcome the limitations imposed upon them by public records. You can turn to our team for help going through the expungement process. We can even help you contest convictions in ongoing cases, keeping your criminal record clear.
What Information Do Background Checks Include?
Most background checks require a filing party to use your social security number to learn more about your personal history. Social security-based background checks allow possible employers, renters, and other parties to learn more about your:
- Criminal history
- Criminal convictions
- Jail time
- Driving records
- Credit reports
In other words, a misdemeanor conviction for a DUI on record will show up during your background check. Unfortunately, a criminal offense of this caliber can negatively impact your chances of getting a job or getting approval to rent a home.
Insurance Companies and Your Background Check
Some insurance companies will also run background checks on possible clients to determine what rates to offer them.
If you have a misdemeanor or felony conviction on record, particularly for a DUI, that misdemeanor DUI will show up on your background check. You may subsequently struggle to get the car insurance, life insurance, and additional protection you need to operate a vehicle on California’s interstates safely.
The risk that unchallenged DUIs present to your future makes it worth it to work with a Los Angeles criminal defense lawyer.
What to Expect From Fingerprint Background Checks
Some parties will require you to undergo a different type of background check based on your fingerprint records. Anyone working in healthcare, education, or law enforcement may have to submit their fingerprints for consideration before they’re awarded a job or a professional license.
Fingerprint checks are as likely to reveal your criminal history as social security checks. However, the information that comes with a fingerprint check tends to be more comprehensive than a social security background check.
Fingerprint checks will inform the searching party about all of your arrests, regardless of whether or not you served prison time.
Who Can Request a Background Check
Several parties have the right to request a background screening when determining whether or not they want to have a relationship with you. These parties include the following:
- Future employers
- Current employers
- Colleges and universities
- Professional organizations
- Apartment complexes
- Banks
Unfortunately, an uncontested DUI conviction history can make it difficult for you to get applications for professional development past licensing boards. You may also struggle to get into the university of your choice, find work, or maintain housing.
However, there are laws designed to curb discrimination, both against parties with criminal records and minority parties. If you feel you aren’t getting the opportunities you deserve due to discrimination, you can get legal advice from an experienced attorney.
Exceptions to the Rule of Background Checks
Not everyone has the right to request a background screening on another party. California laws deny corporations the right to request information about a person’s arrest as long as the arrest never led to a conviction.
Likewise, employers may not receive information about a person’s criminal history if that person has had their records sealed or expunged.
The only exception to this protection is if a person has a pending arrest. If your criminal case is still in progress, consider contacting an experienced Los Angeles DUI lawyer. Our team can step in and fight to prevent your conviction.
Criminal Records Disclosure on Job Applications
Unlike a felony, you are not required to disclose a misdemeanor DUI charge on a job application. This may appear like a good option, but this isn’t an effective tactic.
As long as your record hasn’t been expunged, a misdemeanor DUI will show up in a California background check. While some employers may not mind someone having a DUI on their record, they are less likely to be receptive to someone who lied during the interview process.
You may have the most luck by being honest about it when the DUI is brought up. Knowing how to talk about the DUI as a mistake and emphasizing how you’ve grown as a person since the conviction will likely get you farther than lying about it on your application.
Expunging Your Misdemeanor DUI
While not getting a DUI in the first place is preferable, you can have your record cleaned for the purposes of a background check through a process known as expungement. In order to qualify for an expungement, you have to meet the following criteria:
- You must not be facing any additional criminal proceedings at the time of your expungement request
- You have paid all the fines and fees associated with the charge
- You have completed any mandatory alcohol education
- You are out of your probationary period, which is usually between three and five years
If you meet these criteria, you or your DUI lawyer may file the paperwork to have the charge expunged from your record.
How Thorough is a Criminal Record Expungement?
Once the expungement has been completed, your misdemeanor DUI charge will no longer show up on most background checks. It may still appear on a fingerprint background check but will always be marked as expunged. Employers may face discrimination charges for hiring or firing based on an expunged misdemeanor DUI charge.
Expunging a misdemeanor charge only affects the criminal aspect of the DUI conviction. The DMV will still have a record of your DUI conviction on its record, even after you’ve had it expunged. Instead, the charge will be removed from your record ten years after your arrest.
Turn to a DUI Lawyer to Have Your Misdemeanor DUI Charge Removed from Background Checks
Yes, misdemeanor DUI convictions will appear on a background check in California. However, you have the right to file for DUI misdemeanor expungement after you’ve paid your fines and served your sentence. Your request for expungement could make the difference between prolonged difficulties finding work and a return to normal life.
Our criminal defense attorneys in Los Angeles understand that requesting an expungement isn’t always intuitive. That’s why we offer comprehensive legal services to people in your position. If your DUI case is still in progress, we can challenge the charges brought against you. If the court convicts you, we can pursue expungement on your behalf.
Your initial case evaluation with our staff comes free of charge. Contact us today to learn more about the tools we can use to remove a misdemeanor DUI charge from most background checks.
