Data suggests that drunk drivers are responsible for one-third of all traffic accidents involving fatalities. Yet, many have driven under the influence at least once in their lifetime. Some were lucky to get away with no consequences, while others had to face a DUI charge as a permanent stain on their record.
Criminal records can sometimes continue punishing the offender even after serving their penalty and deny them essential privileges like getting a job. Read on to learn more about how that happens through background check reports.
Can Background Checks Reveal DUIs?
The short answer is that most background-checking services report DUIs. The more complicated answer is that depending on the state law, the age of the charge, and whether or not the charge resulted in a conviction, some DUIs will not be reported on background checks.
Why Are DUIs Reported on Background Checks?
Criminal background checks have the goal of locating and reporting any criminal activities an individual has in their criminal records. Contrary to popular belief, DUIs are not mere traffic violations, but they are considered crimes in all 50 states.
US law recognizes two types of DUI offenses, a misdemeanor DUI and a felony DUI. Considering that both felonies and misdemeanors are criminal offenses, they both get reported in criminal background checks.
Most DUI offenses, bar the most serious ones, are usually charged as misdemeanors. However, some states have laws that upgrade misdemeanor DUI to a felony DUI if the offense is repeated.
For example, in many states, including California, Colorado, and Tennessee, if a driver already has already faced three misdemeanor DUI charges, the fourth one will automatically be upgraded to a felony.
Additionally, if the driver caused an accident resulting in a serious bodily injury or death while under the influence, the DUI charge will be automatically upgraded to a felony, as well.
Lastly, if the driver has a prior DUI felony that resulted in a conviction, every next DUI charge they face will be charged as a felony.
What Types of Background Checks Reveal a DUI?
While DUIs don’t always get reported in background checks, they do show up very frequently, mainly in criminal background examinations. In state laws, DUIs are regarded as both traffic violations and crimes, so both criminal and MVR background checks can reveal them.
Some states prohibit the reporting of DUI charges for offenses that occurred more than seven years in the past. Additionally, most background checks don’t report DUI charges that didn’t result in a conviction, but those that do, report them as dismissed.
For example, DUIs without conviction may get reported on more comprehensive screenings such as FBI or level-two background checks, but they will be reported as non-convictions. Or if the charges are still pending, they will be disclosed as such.
Finally, some in-depth screenings, like checking the candidate’s driver’s license, will always reveal DUIs.
It is important to remember that most employers will run one or more pre-employment background checks that will reveal the DUI, so it will eventually surface.
Applicants with a DUI in their records can only harm their chances if they try to conceal it, so honesty is advised.
Can Applicants Pass a Background Check With a DUI in Their Records?
Depending on the employer, the company they run, and its workplace culture, as well as the industry of the job position, applicants can pass a background check with a DUI.
Some employers can overlook a DUI, especially if it happened a long time ago, and the applicant has kept an exemplary record ever since. Others might consider it a red flag and be cautious about their decision.
Additionally, it is important to remember that even though there aren’t too many options, there are still a few jobs that don’t do background checks on the market.
However, it is important to remember that candidates should never lie about DUIs, or other criminal records for that matter, as it is very easy for prospective employers to find out the truth. Of course, this doesn’t mean that candidates should enter the job interview and start “bragging” about their criminal history, but they should always speak candidly if asked about it.
One last thing applicants should keep in mind is that DUIs can be expunged from criminal records. Depending on the state law, DUIs stay on their driving records for between five and ten years. After they have served their penalties and probation and their DUI records expunged, applicants are no longer required to disclose them to prospective employers.
Can Employers Deny Applicants Because of a DUI in Their Records?
There are no laws prohibiting employers from refusing a candidate with a DUI in their records. On the other hand, there are laws that make certain positions, like a professional driver, impermissible for candidates with a DUI and disqualify them immediately.
In most states, there are Ban the Box laws that provide applicants with criminal histories some level of protection, in the end, the final decision is made by the employer.
If the DUI charges are the only stain on the portfolio of an otherwise adequate candidate, employers should consider the following:
- Are the charges relevant to the job? – Is the DUI charge showing that the candidate is unfit to carry out the duties in their job description?
- How serious were the charges? – Was it a felony or a misdemeanor DUI? The severity of the charges can make a significant difference.
- How old are the charges? – Recent charges are one thing and a single DUI from decades ago is an entirely different thing.
- Did the applicant rehabilitate? – Many DUI offenders take part in remediation programs and work hard to rectify their mistakes. Employers should notice such efforts.
Criminal records are not the only thing that decides whether or not an applicant gets the job or not, but they certainly impact the decision. That being said, employers can’t deny applicants a job opportunity if the position does not involve driving or operating heavy machinery, solely because of a DUI. They would not only be breaking federal law but robbing themselves of the opportunity to hire a good candidate for no good reason.
The Bottom Line
Not only does DUI show up on background checks, but it is also one of the most commonly reported misdemeanors. The good news is, in most cases, a misdemeanor is not a disqualifying offense.
On the other hand, lying about a DUI is more likely to get a candidate disqualified. Applicants with DUIs in their records must own their mistake and show the employer they are worth giving a chance to prove themselves as responsible individuals.
