Does a DUI Show Up on a Background Check?

Does a DUI Show Up on a Background Check

Driving under the influence can immediately impact your life in various ways. You’ll be detained by police, escorted to the local station to sober up, have to attend a court hearing, and then pay hefty fines before being released. Other consequences include having your license suspended and being required to attend weekly classes about the dangers of driving under the influence. While the immediate impacts are detrimental, how does a DUI affect your life long term? Does a DUI show up on a background check for future employers?

Can a DUI show up on a background check?

DUI is considered both a criminal offense and a traffic violation. So, if you’ve been convicted of a DUI, then it will show up on your background check. In the state of Florida, it remains on your record for 75 years. However, there are some scenarios where a DUI may not appear in a background check. This includes:

  • If you were not convicted of a DUI
  • If your conviction was expunged
  • If your conviction was sealed

What happens if your DUI conviction is pending?

In some cases, you may be awaiting a verdict for your DUI case. In these scenarios, a DUI will not be present on a background check, however that doesn’t mean your report will be clean. While you await a verdict, your background check will show that you’ve been arrested for a potential DUI. This can show up on your record for up to seven years. The same applies if you were arrested for a DUI but not convicted.

Ban the Box Laws

Even if a DUI appears on your record, it may not prevent you from gaining employment. Many states have Ban the Box laws, which prohibit employers from automatically disqualifying a candidate based on a conviction. In these scenarios, an employer must give the potential employee a chance to explain the circumstances and must consider them in good faith.

In the state of Florida, employers can request more information about arrests and convictions — giving you the opportunity to explain your case. Employers should only disqualify candidates with first-degree misdemeanors or felonies, and only if it relates to the job. Otherwise, they may face major ramifications for discrimination.

Tips for Applying to Jobs with a DUI on Record

If you’ve been convicted of a DUI, your first strategy when applying for a job should be to tell the truth. This means checking the box that confirms you’ve been convicted of a crime and discussing the details of your conviction with your potential employer. If the position you’re applying for doesn’t involve driving, then you can reiterate that your previous conviction will not impact your ability to do the job at hand. Depending on when the DUI conviction occurred, your employer may overlook the report on your background check entirely.

How a Lawyer Can Help

If you’ve been arrested for a DUI, then a lawyer can help achieve the best outcome possible. In matters of conviction, this may include getting you a temporary license to be able to drive to work, lowering your fines, and reducing your conviction to reckless driving rather than a DUI. If you aren’t being convicted, then a lawyer can help you get your arrest expunged or sealed — preventing it from showing up in your background check.

How the Expert Lawyers at Clark Hartpence Law Can Help

If you or someone you know has been arrested for a DUI, call the expert Clark Hartpence Law legal team at (855) 680-4911. You can also schedule a free consultation. The highly experienced and skilled attorneys understand the laws and complexities of traffic violations, including driving under the influence, and we know how to fully protect your legal rights.

Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.