Do employers check for DUIs?
These days, the vast majority of job applications have the “Have you ever been convicted of a felony?” box. If you’ve been arrested or convicted on a Driving Under the Influence charge, it may be tempting to fudge the truth a bit when faced with that question. However, many potential employers that ask about felonies or misdemeanors run background checks for further verification, and these background checks will often show DUI history.
Don’t give up, though, as there are California state and federal laws in place that limit an employer’s ability to not only conduct checks, but also to take DUI offenses into hiring consideration.
If you have suffered losses in a DUI-related car accident, we invite you to consult with a Los Angeles personal injury lawyer to better understand your options and rights.
Federal Background Check Restrictions
All United Stated employers fall under the federal Fair Credit Reporting Act, or FCRA. This law applies to background checks conducted by outside companies, and prohibits background checks from reporting criminal arrests after 7 years, but allows criminal convictions to be reported indefinitely. These restrictions are also only applicable to jobs with a yearly salary of $75,000 or less.
It is important to note, however, that the Title VII of the Civil Rights Act of 1964 prevents potential employers from not hiring an individual with convictions unless they can prove a compelling business related reason.
State Background Check Restrictions
While Title VII of the Civil Rights Act of 1964 protects people with convictions at a federal level, many states do allow employers to refuse employment to anyone with a conviction. California does have laws in place that allow those with DUI convictions to obtain rehabilitation certificates that lift some employment bans. Also, California Labor Code 432.7 prevents employers from asking about arrests that did not result in convictions, and allows those with successfully completed DUI probations to file a motion to withdraw that will show the case as “dismissed” in their records.
Convictions and Arrests
There is a big difference between DUI convictions and arrests when it comes to job searches. Most states only allow potential employers to inquire about convictions, not arrests. However, some states including California, allow employers hiring for positions with access to medicine to require drug arrest disclosure even if there was no conviction.
Never volunteer information about a DUI arrest, especially if it was more than 7 years ago. However, you should always be open about a DUI conviction.
There are jobs in Los Angeles and the rest of the country that are considered sensitive, and therefore allow employers to be stricter on DUI conviction and arrest disclosure. People applying for positions like teacher, daycare provider, bus drivers, delivery drivers and truck drivers may have more trouble getting hired if they have a DUI conviction on their record.
Also, many positions that handle confidential information, like military, government, or even public office, may have a difficult time as these employers often have a no-criminal record policy. Commercial drivers who commit a DUI in their personal vehicle or while on the job are not allowed to driver professionally for a certain period of time, and those convictions can remain on record for 55 years.
Clearing Your DUI Record
You do have options if you’ve been arrested or convicted for a DUI. Depending on state regulations, it is possible to get your record expunged, or sealed by court order. While expunging your record doesn’t erase it completely, it does prevent it from showing up on the majority of employment-related background checks.
If you have been hurt in a crash, contact a Los Angeles car accident lawyer from Ellis Law Corporation. We are more than happy to schedule a free consultation to discuss your options. All of our services have absolutely no upfront fees, so you never have to worry about whether or not you can afford the legal help you need.
We cannot guarantee results, but our incredible record of multi-million dollar personal injury attorney settlements speaks for itself. Contact Ellis Law today to see how we can help you.