Effect of 1 DUI on future employment?

[joe134]

What is the name of your state? CA

I am 23. I made a mistake and I plan to fulfill all my obligations of the court. I'm going for a graduate degree and will be applying for some pretty competitive jobs with a solid resume in about 2 years. How will employers likely view my DUI? Fortunately I am not interested in any careers that involve driving or law enforcement so look at this from that perspective.

Also, I understand I can have my record expunged in CA after I complete probation. Will I then not be required to disclose my conviction on applications? I have read different things on different websites about this.

Thanks.

[BigMistakeFl]

A first offense DUI is not a felony. Most applications today will require arrest information, including the DUI, so you will need to disclose it. Failure to do so will only make you appear dishonest because more and more companies, large and small, are running background checks as part of the hiring process. Be prepared to disclose it and tell it in your own words in the interview.

[fairisfair]

Originally Posted by BigMistakeFl

A first offense DUI is not a felony. Most applications today will require arrest information, including the DUI, so you will need to disclose it. Failure to do so will only make you appear dishonest because more and more companies, large and small, are running background checks as part of the hiring process. Be prepared to disclose it and tell it in your own words in the interview.

that is not always true. It depends on the circumstances of the DUI, first time offenses can be felonies.

[BigMistakeFl]

Clarification:

California's felony drunk driving statute:
Any person who, while under the influence of intoxicating liquor, or under the combined influence of intoxicating liquor and any drug, drives a vehicle and when so driving does any act forbidden by law or neglects any duty imposed by law in the driving of such vehicle, which act or neglect proximately causes bodily injury to any person other than himself, is guilty of a felony. [Cal. Veh. Code 23lOl(a).]

So OP, if your DUI caused injury to another, you could be charged with a felony rather than a misdemeanor.

[joe134]

It's a misdemeanor. Also, I know it is illegal for private companies to ask about arrests.

[fairisfair]

Originally Posted by joe134

It's a misdemeanor. Also, I know it is illegal for private companies to ask about arrests.

What?????Is this a California law??

[ENASNI]

Originally Posted by fairisfair

What?????Is this a California law??

Yes it is,


Arrest information. Although arrest record information is public record, in California and other states employers cannot seek from any source the arrest record of a potential employee. However, if the arrest resulted in a conviction, or if the applicant is out of jail but pending trial, that information can be used. (California Labor Code §432.7).

[joe134]

Originally Posted by fairisfair

What?????Is this a California law??

It is. Refer to the post above this one. I'm surprised it's not that way in ALL states as a person should be considered innocent until convicted.

[fairisfair]

Originally Posted by ENASNI

Yes it is,


Arrest information. Although arrest record information is public record, in California and other states employers cannot seek from any source the arrest record of a potential employee. However, if the arrest resulted in a conviction, or if the applicant is out of jail but pending trial, that information can be used. (California Labor Code §432.7).

Thank you for the info, I am in AZ, where we can and do request arrest AND conviction information, although let's face it, anyone with a brain would only consider convictions in employment decisions.

[joe134]

I'm pretty certain I'll be convicted of something either DUI or wet/reckless. Will employers probably look at this as youthful indiscretion since it is an isolated incident?

[ENASNI]

Originally Posted by joe134

I'm pretty certain I'll be convicted of something either DUI or wet/reckless. Will employers probably look at this as youthful indiscretion since it is an isolated incident?

Joe, the FA crystal ball is broken, someone was playing Hoops with it, it was that dang March Madness.

All employers are different, you can never tell.

[jchohio]

I am in the same boat as you. A couple of things I have been looking at: See if you can get the charge expunged after you probation period is up and everything has been paid.

If you are looking for employment in the near future, honesty is the best policy. It seems that employers are 50/50 when it comes to dealing with a potential employee who has a D.U.I. charge. You could also perhaps request a copy of your driving records and/or criminal history just to see what an a potential employee looks at. Also, if you are on probation and want to move to another state, the probation office must agree to this.

Considering the above, I have requested a copy of my criminal record just to see what would show up on a background check. If you didn't lose your license, you driving record will probably just show reckless driving, etc, but not the D.U.I.

However, if you get your record expunged after a certain period of time, you don't have to disclose the D.U.I. on an employment application.

[CdwJava]

Originally Posted by jchohio

Considering the above, I have requested a copy of my criminal record just to see what would show up on a background check. If you didn't lose your license, you driving record will probably just show reckless driving, etc, but not the D.U.I.

However, if you get your record expunged after a certain period of time, you don't have to disclose the D.U.I. on an employment application.

This is different in every state. In CA the DUI conviction will likely remain on the DMV record for 7 years. And even an expungement does not mean that one can decline to mention it on every application - there are many types of jobs that you would still have to disclose it.

- Carl

[joe134]

Originally Posted by CdwJava

This is different in every state. In CA the DUI conviction will likely remain on the DMV record for 7 years. And even an expungement does not mean that one can decline to mention it on every application - there are many types of jobs that you would still have to disclose it.

- Carl

Mostly law enforecement, driving jobs, govt. officials, involved with drug/alcohol...right?

[CdwJava]

Originally Posted by joe134

Mostly law enforecement, driving jobs, govt. officials, involved with drug/alcohol...right?

Generally, yes.

- Carl