Ask a DUI Attorney: Are You Required to Disclose a Prior DUI Charge When Applying for a Job?

Ask a DUI Attorney: Are You Required to Disclose a Prior DUI Charge When Applying for a Job?

Any variety of factors, from increased insurance rates to driving privileges suspension to paying court expenses and fines, can make life more difficult once a DUI conviction is obtained. For many Californians, the ramifications of a DUI conviction can continue for years after they have been convicted.

But even after they have paid their fines and restitution, they may be concerned about the influence a DUI will have on their life — particularly when it comes to finding work. When do you have to inform your employer that you have been convicted of DUI? Keep reading to learn the facts and then contact Chambers Law Firm at 714-760-4088 for help if you are currently facing DUI charges.

Most Employers Cannot Ask About Your Criminal Record on Job Applications

First and foremost, the good news is that, as of January 1, 2018, most California companies (those with more than 5 workers) are no longer permitted to inquire about job candidates’ criminal records on their job applications.

This implies that even if you have a DUI conviction on your record, you will not be required to disclose this information to a prospective employer by “checking a box” on an employment application. If an employer feels that you are qualified, you may be invited for an interview and perhaps be granted a position if you meet the requirements.

Employers Can Conduct Background Checks

However, employers can continue to conduct background checks on prospective workers. Under the new “ban the box” rule, companies are permitted to do background checks on potential new recruits after a job offer has been extended to them.

An employer that wishes to revoke a job offer must demonstrate through an evaluation how the conviction will affect the person’s ability to perform the duties of his or her position. After that, the applicant must be given an opportunity to react.

An employer may argue that having a DUI conviction indicates you are unable to perform the duties of the job because you have a history of dangerous driving, for example, if you apply for a position requiring driving. If you were to answer, you would have the opportunity to establish that you have maintained a safe driving record after your DUI, or whatever the circumstances of your case may be.

There Are Two Places the Conviction Will Be Documented

The fact that you were convicted of a California DUI is essential to remember since the conviction will be documented in two places: your driving record and your criminal record. However, although a DUI on your driving record will automatically be removed from your record within 10 years, the same is not true for a DUI on your criminal record. You will need to get a DUI removed from your criminal record in order for it to be erased.

A knowledgeable defense attorney can assist you in determining if you are eligible to have your DUI record expunged. Contact Chambers Law Firm today at 714-760-4088 to request a consultation and find out if you are eligible.

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