When Employers Conduct a Background Check

Whether you are in the market to get employed or are searching for a new job to move to from an old one, chances are that you will be facing a background check. In fact, most employers are going to conduct some form of background screening. Some 96% of employers perform at least a minimal screening.

The criteria each prospective employer measures their background checks against may differ. However, up to 97% of employers conducting background checks are going to check national criminal and county/state criminal databases.

Another statistic is that approximately 17% of all licensed drivers in the United States will have a DUI conviction on their record.

“One of the most commonly asked questions most lawyers defending a DUI case get is whether or not a DUI conviction will show up on a background check,” says Jason Hennessey, marketing director for Los Angeles DUI Attorney. “The simple answer is ‘Yes.’”

Depending on the circumstances, a person can either be charged with a felony or a misdemeanor DUI. If convicted, these will show up in most criminal background checks. However, it is often up to the individual employer as to whether they will consider a DUI as a factor that may lead to them not deciding to hire someone.

Keep in mind, however, that most states only allow an employer to ask about convictions, but not arrests. Merely being arrested for a DUI may not affect your employment search at all. However, some states, like California do require anyone working with access to prescription drugs disclose any drug arrests. So, if you were arrested for a DUI-drugs, you may have to disclose that fact to these kinds of employers.

With a DUI on your record, some jobs may be out of reach. Jobs involving caring for children or driving may not hire a person with a DUI conviction on their record. Uber and Lyft, for example, may not allow you to work for them.

That said, what can you do to get an employer to look past a DUI? If you have all the qualifications for the job, a strong referral is often the best bet. It needn’t be an old boss, but it needs to be someone, either a former coworker or customer who is familiar with your skills and work ethic. It might be hard to ask, but getting someone to contact a potential employer and strongly recommend you can help them see past a DUI conviction.

There is also the option of getting a DUI expunged from your record. Unfortunately, this option isn’t available for felony DUIs, but for misdemeanor DUIs, it is an option. With the DUI expunged, most employers can’t count it against you when considering you for employment, nor can potential landlords use it against you when decided whether or not to rent to you.

If you wish to explore the possibility of getting a DUI expunged from your record, or go into detail about how a DUI can affect present or future employment, it is best to speak to a qualified attorney.