A series of poor choices resulting in a DUI or DWI can have long-lasting effects on a person’s life, even if the negligent actions are not a fair representation of the person.
Unfortunately, a wider snapshot of someone’s life isn’t always taken into account when considering employability with a DUI. A DUI on your record can result in negative implications in the future, especially when it comes to finding work. But while some jobs may become more difficult to get, one mistake doesn’t make a person wholly unemployable.
When it comes to applying to and acquiring a new job with a DUI in your past, there are some truths you’ll have to accept — as well as tricks to help highlight your strengths over past mistakes.
Is My Career Ruined?
While it may be more challenging to find a job soon after a DUI, it is not an impossible task. For example, you will be more likely to find employment in a position that doesn’t require the operation of a company vehicle, both in terms of standard transportation and transportation-based careers such as CDL positions.
As well as in making an effort to highlight your skills and experience over a past mistake on your record, there are also other means of having the DUI taken off your record or having your criminal history sealed to avoid losing job opportunities because of it.
The ability to expunge or seal one’s criminal record depends on the state and how they treat DUIs. Other factors include whether or not the DUI was your first offense, and how much time has passed since the crime was committed. Some examples of these varying possibilities include:
- California: Guilty pleas may be “withdrawn” and dismissed; records may be sealed if there was no felony conviction.
- Florida: DUI may be reduced to “reckless driving,” otherwise there is no way to seal one’s criminal record regarding a DUI.
- Kentucky: Expungement possible after five years in misdemeanor cases.
- New Jersey: DUIs are not expugnable as they are recorded as “traffic offenses.”
- Pennsylvania: Expungeable if the driver completes a rehabilitative program.
When it comes to requesting a DUI be expunged or sealed from your criminal record, especially for juvenile offenders, utilizing the services of an experienced lawyer will be your best bet in ensuring the process happens as smoothly and quickly as possible.
Do I Have To Disclose a DUI to My Employer?
While you are not technically required to disclose a DUI conviction to an employer, should the employer perform a thorough background check, they may find it on their own. Should this happen, you may find yourself disqualified from employment with that business based on nondisclosure. Even if you are not fully disqualified, you may be asked to explain the event as well as why you chose not to disclose it.
Similar to how there are different rules for expungement in different states, job applicants also have different rights regarding criminal record disclosure depending on where they live. For example:
As of 2021, “federal agencies and contractors may not inquire into an applicant’s criminal history until after a conditional offer has been made.”
- In Arizona, public businesses are not allowed to question a potential employee’s criminal history during initial applications.
- In Delaware, similar to federal jobs, public businesses are not allowed to inquire into an applicant’s criminal records until after a tentative job offer is made. However, the job offer may be rescinded if the applicant’s record contains a history of crimes related to the work being done.
- In Kansas, it’s a misdemeanor offense to inquire into an applicant’s criminal history without their consent.
- In Ohio, employers may not inquire about a criminal record until after initial interviews and/or a tentative offer of employment is made.
- In Texas, there are no laws around inquiring about a criminal record, however, background checks are required to be done through criminal justice agencies rather than any third-party background providers.
Depending on where you live and where you’re applying to work, consider delving into local laws and consider your rights while applying for work. If you’re ever faced with criminal record inquiries, or feel as if you’re being unfairly discriminated against because of a DUI on your record, seriously consider contacting an attorney to discuss your options.
Jobs That a DUI Can Prevent You From Having
As previously mentioned, there are several jobs where a DUI will likely immediately disqualify you from working, including those that involve driving, long-distance travel, or otherwise operating any form of machinery as it’s likely your driver’s license was suspended in the process. Other jobs that may disqualify applicants with a DUI on their record include:
- Teacher or daycare worker;
- Positions involving sensitive documents or information;
- Jobs in healthcare or the medical field;
- Government or military jobs.
Depending on the job you’re applying for, there may be more limitations in some than others. For example, some jobs that require management of sensitive information but do not require the use of company vehicles may be options if you can justify your value as an employee with experience over the mistakes visible on your criminal background.
If you’ve taken steps to participate in rehabilitative programs following your DUI, whether court-mandated or not, those programs should be mentioned when discussing your DUI to demonstrate understanding of the mistake and the desire to improve.
In many cases, it may simply require an honest conversation with a potential employer. Practice ways to confidently justify your ability to do good work and not allow past mistakes to affect you.
What Should I Do?
When it comes to a DUI conviction, the most important steps to take come immediately after arrest. Even if you intend on admitting to the crime, contact an attorney who specializes in DUI convictions, as they can help improve your chances of receiving a sentence that may not have to be included on your record.
They may even be able to help in developing a sort of plea deal where you can exchange things like community service or attend a rehabilitation program in exchange for a lighter sentence that will be less likely to affect future job applications.
If you are not able to get an attorney, or you are given a sentence that will remain on your record, you may still consider hiring an attorney after the fact to discuss options in expungement or sealing of records depending on where you live. Certain states have regulations in place, such as New Jersey’s 10 year step-down, that will eliminate a conviction after a period where no further criminal activity occurred.
Beyond Legal Action
Whether your conviction is expugnable or not, consider all the ways you can highlight your strengths and experiences when applying for work in an attempt to overshadow previous mistakes.
Further, be careful when disclosing previous criminal charges in job interviews; while you shouldn’t necessarily lie about them, do not actively offer the information until specifically asked for it, either. In addition, ensure you’re well-versed in your rights as an applicant in the state where you’re applying to jobs.
While getting a DUI can be a costly mistake in many ways, its long-term effects on employability are potentially some of the biggest. And while there are clear consequences, there are also paths that can help to limit its negative effects, if not completely negate them entirely.
By consulting with an expert DUI attorney, doing your research, and being honest about your conviction when necessary, you’re more likely to come out on the other side with lessons learned and a chance at continuing life with only a few frustrations along the way.
