A DUI conviction has life-altering implications and legal consequences. One of the consequences is that it gives you a criminal record, which means it can potentially impact your future employment, education, and housing prospects. Those convicted of a misdemeanor DUI often wonder if it will show up in a background check and how it can impact their future. This is a legitimate concern, as employers, educational institutions, and landlords often run background checks on new applicants. Let us explore misdemeanor DUI and its impact on passing a background check.
What is a Misdemeanor DUI Conviction?
A misdemeanor DUI is when a driver is charged with operating a motor vehicle while under the influence of alcohol or drugs. This offense is charged as a misdemeanor, and not a felony, which has stricter penalties. Aggravating factors such as a history of prior convictions, child endangerment, or serious bodily injury or death can result in a felony DUI charge.
Background Check Implications For Individuals With A Misdemeanor DUI
While a DUI misdemeanor is a less serious offense than a DUI felony, it still carries significant legal consequences. Background checks can potentially show both DUI charges and DUI convictions. So if you had a DUI arrest, it will most likely appear in some background checks.
A misdemeanor DUI on a background check could limit your prospects with employers, landlords, and other institutions. They might view the DUI on your record as an indicator of your irresponsible behavior and could be a potential risk. A DUI also implies a disregard for the law, which is not a quality that any employer or landlord would want.
A misdemeanor DUI on a background check is even more crucial for jobs that require driving a company vehicle or operating heavy machinery. Performing these job duties under the influence of alcohol or drugs can result in catastrophic consequences, not something that an employer wants to risk by hiring an applicant with a record of DUI conviction.
Multiple DUI convictions or a felony DUI conviction would have an even bigger impact on employment prospects and other opportunities. It may be unacceptable for an employer to hire someone with a past DUI conviction, and only those applicants with a clean driving record would be hired.
Similarly, a landlord may fear property damage or potential liability by renting their property to an applicant with a misdemeanor DUI. A single mistake can have lifelong consequences so you should drive responsibly. If you are convicted of DUI, get assistance from a knowledgeable attorney as soon as possible.
Can You Pass A Background Check With A DUI Misdemeanor?
Several factors determine whether a misdemeanor DUI will appear on a background check. A misdemeanor conviction is typically considered a public record, and as a result, they are accessible through background checks.
Whether a misdemeanor DUI appears on a background check depends on the background check. Each type of background check serves a specific purpose. A criminal background check is used to check for convictions, arrests, and other incidents that involve law enforcement agencies. A misdemeanor conviction is most likely to appear on criminal background checks unless the record is expunged or sealed by the court. A DUI misdemeanor is also likely to show on driving record checks.
Other types of background checks, such as those designed for credit, employment, or housing, may or may not show DUI convictions. It depends on the criteria used for the search. For example, if a landlord or employer has a policy to check for DUI convictions, then they may include this in the criteria for their screening process.
Some states have laws that restrict the reporting of convictions after a period of time. The reporting period depends on the severity of the offense and the disposition or outcome of the case.
Can A Colorado DUI Impact Your Employment?
The state of Colorado follows the “ban the box” law that restricts employers from inquiring about the criminal history of job applicants during the initial stage of the hiring process. It also prohibits employers from advertising or stating that they won’t hire applicants with a criminal record. This law provides a fair opportunity for applicants to be considered for a position. However, employers are free to conduct a more comprehensive background check later in the process.
Colorado is an employment-at-will state so the employee has the right to terminate the employment contract at any time without reason. So you may never know if you are being let go because of your DUI conviction.
Potential Consequences Of Failing A Background Check Due To DUI Convictions
Here are some of the potential consequences that you may face for failing a background check due to a misdemeanor DUI:
- Job disqualification or denial of employment
- Limited educational opportunities
- Loss of housing options
- Loss of professional license
- Reputational damage
- Stress and mental distress
Expunging DUI from Your Record
In very limited cases, you are able to get rid of a DUI record forever. If you received a deferred judgment, You can have the record expunged from your record, which means the DUI will be erased from your history. No employer, landlord, or other entity will be able to see the DUI conviction in background checks. However, for you to qualify for expungement, you need to make certain requirements such as completion of your court-ordered requirements like probation, treatment programs, and community service. You must also avoid any further DUI convictions.
Common Misconceptions About Background Checks And Misdemeanor DUIs
One of the most common myths about background checks for misdemeanor DUI is that it will automatically disqualify you from employment. Many factors are considered during the hiring process and a DUI conviction is just one of those factors. Another misconception is background checks are always up to date. It takes time to update databases where background checks pull data so it can take time for DUI convictions to show up.
Importance Of Seeking Legal Representation From The Law Office Of Richard B. Huttner
At the Law Office Of Richard B. Huttner, we focus our defense on a variety of types of DUI cases. We understand the potential impact of a misdemeanor DUI on a background check and offer guidance on navigating the background check process. If you qualify for an expungement, it can erase the record from your history. To learn more about DUI misdemeanors and the chances of passing a background check, please get in touch with us to schedule a consultation with our DUI attorney.