Facing DUI charges can result in short and long-term penalties. One of the most common concerns that people have after facing DUI charges is how it will affect their ability to secure a job. A DUI conviction can negatively impact a person’s career—especially for those who have a commercial driver’s license (CDL). Our Orange County DUI defense lawyers explain how a DUI offense can hurt your job search.
Job Background Checks
When you apply for a job, an employer may choose to conduct a background check. An employer can see your DUI charge or conviction after performing a background check on you. Although the Fair Credit Reporting Act (FCRA) prohibits the reporting of criminal arrests after seven years, criminal convictions, including DUIs, are still visible to the public indefinitely.
Can An Employer Not Hire Me Because of a DUI?
Federal courts have ruled that the Civil Rights Act prohibits employers from denying employment with convictions unless they can prove that the conviction will affect their job performance. For example, if the position is for a commercial truck driver, an employer can prove that an employee with a DUI offense may not be the best fit for the position. Commercial drivers who commit a DUI on the job, or even in their personal vehicles, may lose their CDL for several years.
California State Laws Regarding Background Checks
The Civil Rights Act does conflict with some state laws. California law prohibits employers from asking applicants about arrests that didn’t result in a conviction. If you successfully complete probation for a DUI in California, you can file a motion to withdraw your plea or set aside the verdict—lifting your conviction from your criminal record.
Many jobs in California require applicants to go through a background check when they are offered a position. Having a DUI on your records might not prevent you from getting the position, but it could affect the employer’s hiring decision.
If you’re concerned about a DUI will affect your job search, you can seek legal guidance to get your DUI expunged. Contact our Orange County DUI lawyers today at (949) 537-2202 to schedule a virtual consultation!