Does a DUI Show Up On an Employment Background Check?

Driving under the influence (DUI) or driving while intoxicated/impaired (DWI) can be traumatic for all involved. It can also cost you career opportunities, as well as certain professional licenses.

Under certain circumstances, however, you may be able to blunt the professional effects of a DUI/DWI by removing it from the records accessed by employers. Whether and to what extent this may be possible for you depends heavily on state law, as well as the specific circumstances.

In this article, we’ll review some of the general principles behind DWI/DUI background checks in the employment context. We’ll also answer some questions commonly asked by those concerned about the professional consequences of a DWI/DUI case.

If that sounds like you, consider speaking with a DWI/DUI lawyer licensed in your state. You have rights. A criminal defense or DUI attorney can help you understand these legal protections and preserve your future.

Let’s begin with the basics.

Can a DWI/DUI Show Up on an Employment Background Check?

Yes. A DUI/DWI is generally considered a criminal offense in all U.S. jurisdictions. So, it could appear on your criminal record or driving record, depending on what kind of background check the employer runs.

Whether a DWI/DUI offense shows up also depends on state laws and when the incident happened. In some states, a DUI might stay on your record for many years, while in others, it might be removed after a certain time.

What Kind of Background Check Will My Potential Employer Run?

Most employers run several types of background checks before hiring someone. Specific checks will often depend on the job and industry. The most common ones include:

• Criminal background check
• Employment verification
• Education verification
• Driving record check
• Credit check

We most commonly see DUI/DWIs on criminal background checks and driving record checks.

• Criminal background checks can show arrests, convictions, and criminal charges related to DUIs/DWIs.
• Driving record checks can show your state’s Department of Motor Vehicles’ DUI/DWI records as traffic violations.

Additionally, a DWI/DUI record might appear on an employment verification check if it led to termination or another adverse action.

Which Employers Run Driving Record Checks?

Most employers conduct driving record checks for jobs that involve driving or operating vehicles.

For example, U.S. companies employing truck drivers must conduct background checks that include driving records. This includes confirmation that the job applicant holds a valid Commercial Driver’s License (CDL) with the correct endorsements.

Other employers that commonly run driving record checks include:

• Delivery companies
• Rideshare services (like Uber or Lyft)
• Public transportation agencies
• Construction/utility companies

They often want to review these records for DWIs/DUIs, license suspensions, accidents, and reckless driving.

Do All Employers Run Criminal Background Checks?

No, but many do, especially for jobs in healthcare, education, finance, or government. Employers use criminal background checks to learn about a person’s past and decide if they’re a good fit for the job.

Some companies only run criminal background checks for jobs that involve safety or trust. Others may skip them altogether to give people with records a fair chance.

Can an Employer Refuse to Hire Me Because of a DUI/DWI?

Under certain circumstances, yes. But there are some important rules and protections you’ll want to know.

Employers can generally refuse to hire someone with a DUI/DWI if:

• It’s relevant to the job, like a driver or a machine operator
• They can show that hiring the person would pose a business risk or safety concern
• The DUI/DWI charge resulted in a criminal conviction

Employers may generally consider criminal convictions in hiring decisions.

However, they may not apply their rules in a discriminatory manner. For example, they can’t only reject people of a certain race with DUIs/DWIs. In addition, employers can’t generally have a blanket policy excluding job applicants with criminal records unless it’s job-related and consistent with business necessity.

The Equal Employment Opportunity Commission (EEOC) has issued guidance regarding how employers should consider criminal convictions in hiring decisions. It advises them to look at the:

• Nature of the offense
• Time since the offense
• Nature of the job

In addition, state laws often limit how dismissed DUI/DWI charges or expunged records can be used. Some states even have “ban the box” laws that prevent employers from asking about criminal history during the initial stages of the hiring process.

FCRA Rules

The federal Fair Credit Reporting Act (FCRA) also plays an important role in how and when a future employer can find out about your DUI during a background check.

First, the employer must inform you in writing that a background check will be conducted and obtain your written consent before proceeding.

It also imposes rules on employers regarding how they may consider criminal convictions. Specifically, if an employer decides not to hire you based on your DUI record or other information in your background check, the FCRA requires them to provide you with a:

• Pre-adverse action notice
• Copy of the background report
• Summary of your rights under the FCRA
• Chance to dispute/explain the information before a final decision is made
• Final adverse action notice if they proceed with the decision not to hire

Under the FCRA, you also have the right to review and dispute any wrong or outdated information in your background report.

Will My Current Employer Find Out About My DUI/DWI?

That depends. If your DUI/DWI is recent and you haven’t been convicted, your employer probably won’t find out unless:

• The job involves driving or requires a professional license
• Your employer runs ongoing criminal or driving record checks
• The employment contract/handbook requires you to report arrests or convictions

Of course, if the DUI/DWI becomes public record, your employer or anyone else who actively searches for it will be able to find it.

Can My DWI/DUI Arrest or Charge Show Up Without a Conviction?

It could. Depending on the state and the type of background check, pending DUI charges and even arrests might appear.

Some states limit or ban the reporting of arrests or charges that didn’t lead to a conviction. For example, California law restricts reporting of certain arrests that didn’t lead to a conviction.

Additionally, if your DWI/DUI charge was dismissed or you were found not guilty, you may be able to seal or expunge the record. This also depends on your state’s laws.

What Does It Mean to Seal or Expunge a Record?

To seal or expunge a record means to hide or erase it from the public record. If your DUI/DWI is sealed, it still exists. But most people, like employers or landlords, can’t see it. If it’s expunged, it’s removed from your record completely, like it never happened.

Generally, sealing or expunging a record requires finishing your sentence, staying out of trouble, and waiting a few years. Law enforcement and courts may still see the record, even if it’s sealed or expunged.

However, not all states allow expungement and sealing of DUI/DWI records.

How Long Will A DUI/DWI Stay on My Record?

How long a DUI stays on your record depends on your state and the type of record.

Driving Records

In many states, a DUI/DWI stays on your driving record for five to 10 years. Some states, like California, keep it for 10 years. Others, like Florida, may keep it for 75 years or even permanently.

Criminal Records

A DUI/DWI can stay on your criminal record forever unless you get it expunged or sealed. Most states have no time limit for how long a DUI/DWI stays on your criminal record. That means it can stay there forever unless you take legal action to remove it.

Can I Get My DUI/DWI Record Expunged or Sealed?

Possibly. Whether you can get DWI/DUI records expunged or sealed depends heavily on the state where the offense occurred, the severity of the DUI/DWI, and whether it was a first-time or repeat offense.

Some states allow expungement or sealing of convictions, especially for first-offense misdemeanor DUI/DWIs. Other states prohibit expungement of DUI convictions entirely. Juvenile DUI/DWI records are more likely to be eligible for expungement or automatic sealing.

Most states allow for sealing or expunging DUI/DWI charges that don’t result in a conviction.

Do I Need an Attorney to Get My DUI/DWI Expunged or Sealed?

You don’t always need an attorney to get a DUI/DWI expunged or sealed. But it’s highly advisable to consult a lawyer who’s experienced with DUI defense and expungement.

You can share the specifics of your situation with them confidentially. They can assess your eligibility based on state law and your circumstances. If you decide to move forward, they can file the necessary petitions and paperwork with the court and represent you in hearings.

A qualified criminal defense attorney can also negotiate with prosecutors on your behalf and help advance your request.

Getting Legal Advice

Whether you’ve just been arrested, charged, or convicted of a DUI/DWI, you’ll want to understand your options. A DUI/DWI attorney can help navigate the often confusing legal landscape surrounding your situation so that you can minimize its impact on your career.

FindLaw’s directory of DUI lawyers and criminal defense attorneys makes connecting with local experts easy. After clicking on your state and then city, you’ll be able to view ratings and contact information for qualified legal advisors in your area.

Enlist the help of a trusted advocate to help you keep your life on course. They just might be your most important ally as you move forward.

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