employment/dui question

[duiquestion34]

I had 3 duis between 1988 and 1997. I've recently graduated with a bachelors in the medical field. Because I know i will be subjected to a background check, I have been disclosing the duis on my applications. Needless to say, I get very few call backs. As my last dui was 12 years ago, am I legally obligated to provide this information? Does a background check go this far back or is there some "statute of limitations" for providing this information? I "paid my debt" and now have a valid license but i feel i am still being punished over and over everytime i have to grovel and explain past indiscretions to a possible employer. Florida

[HighwayMan]

There should be no time limit, i.e. a background check will reveal the convictions.

I never filled out a job application that asked the question "have you ever been arrested or convicted of a crime?" with a time limit. Of course, there is no legal obligation that you answer truthfully (for a private employer) but then you have to assume they will find out anyway.

And some employers do not complete background checks prior to hiring. So if you lie and then get hired you'll have to wonder everyday when you go into work if you'll be fired for lying on your application.

Not sure what advice I could give you about your situation. It's certainly not an easy position to be in for you, or anyone else who has had past problems but has turned their lives around.

[irish77]

Why don't you do yourself a favor and pull your own background check? Unless you hit someone or ran through a school, DUI's tend to show up on driving history more so a criminal report.

I know nurses who have 1-2 DUI's and a mayor who had 3 DUI's.

[IsabellaSoriano]

since the last action was over 12 years ago, wouldn't an expungement be in order?

[lenny71]

Originally Posted by IsabellaSoriano

since the last action was over 12 years ago, wouldn't an expungement be in order?

for 3 dui's it would be highly unlikely.

[Zigner]

Originally Posted by irish77

I know nurses who have 1-2 DUI's and a mayor who had 3 DUI's.

I know a former President who had a DUI

[HighwayMan]

Originally Posted by IsabellaSoriano

since the last action was over 12 years ago, wouldn't an expungement be in order?

What would the legal justification be for removing criminal convictions from someone's record? The fact that he's now a "good guy"? Normally does not work that way!

I've locked up plenty of people who have had many years in between past arrests and convictions.

[ERAUPIKE]

Originally Posted by duiquestion34

I had 3 duis between 1988 and 1997. I've recently graduated with a bachelors in the medical field. Because I know i will be subjected to a background check, I have been disclosing the duis on my applications. Needless to say, I get very few call backs. As my last dui was 12 years ago, am I legally obligated to provide this information? Does a background check go this far back or is there some "statute of limitations" for providing this information? I "paid my debt" and now have a valid license but i feel i am still being punished over and over everytime i have to grovel and explain past indiscretions to a possible employer. Florida

You cannot expunge a conviction in the state of Florida. You made the decision to drink and drive three times and you will continue to pay the price for it. Your criminal convictions will show up on any background check that is conducted. You should have expected this, a bachelors degree isn't going to erase your past indiscretions.

[BigMistakeFl]

Even if you could get an expungement, that doesn't mean that the record of the arrest won't still show up on a background check. This is a huge industry, and largely unregulated, meaning anything's game.

[ERAUPIKE]

Originally Posted by BigMistakeFl

Even if you could get an expungement, that doesn't mean that the record of the arrest won't still show up on a background check. This is a huge industry, and largely unregulated, meaning anything's game.

An expunged record absolutely means that a background check will no longer reveal the record of an arrest. There are a few exceptions for certain types of jobs and industries that require you to disclose if you have expunged your record.

It really doesn't matter because the state of Florida does not allow anyone, degree or no degree, to expunge a conviction from their record, ever.

[mlane58]

Originally Posted by ERAUPIKE

An expunged record absolutely means that a background check will no longer reveal the record of an arrest. There are a few exceptions for certain types of jobs and industries that require you to disclose if you have expunged your record.

It really doesn't matter because the state of Florida does not allow anyone, degree or no degree, to expunge a conviction from their record, ever.

I guess then that Florida Statutes, s.943.0585 and s.943.059, that set the criteria that must be met in order to be eligible to have a criminal history record sealed or expunged are just a load of bunk then.

[ERAUPIKE]

Originally Posted by mlane58

I guess then that Florida Statutes, s.943.0585 and s.943.059, that set the criteria that must be met in order to be eligible to have a criminal history record sealed or expunged are just a load of bunk then.

No, but if you read the statutes you would have seen this:

Has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains.

Meaning that someone convicted of an offense is not eligible to have the record expunged.

[BigMistakeFl]

I would personally love to believe that an expunged record is no longer reportable, but I don't have that much faith. Thousands of private companies out there collect public records and then sell those records to the public as "back ground checks." I don't count on them to then remove all such records from private databases as a follow-up to court action.

A background check, in reality, is whatever a private unregulated company writes about you after asking them for all the information they have under your name, date of birth, social security number, etc. That is what people now consider a background check. Many employers, rental agencies, loan offices, and so on, rely on private companies that database vast amounts of old and new public records to inform them on the backgrounds of people.

There are thousands of these companies out there that claim to provide "back ground checks." Most have a very poor record for accuracy.

A final note is, a company for which I worked in CA had a private investigator in another state who, if paid enough, could cull through IRS records, and FBI records, neither of which should be public records.

[BigMistakeFl]

I believe ERAUPIKE is correct, that DUI's cannot be expunged in FL. I have never tried, I wear mine as a scarlet letter and don't want to try to erase it.

However, there are tons of lawyers in FL who advertised that they can have DUI's expunged. I would use caution before throwing any money into this, but you can always make an appointment and ask lots of questions before signing a contract.