Most California employers can no longer ask about convictions on job application forms.
Having a DUI conviction can make life difficult in any number of ways, from higher insurance rates to a suspended license to paying court costs and fees. For many Californians, the consequences of a DUI conviction last for years after their arrest. Yet even after they have paid their dues, they may still wonder how their DUI will impact their lives — particularly when it comes to looking for a job. When do you have to tell employers that you have a DUI conviction?
First, the good news: as of January 1, 2018, most California employers (with over 5 employees) are prohibited from asking job applicants if they have a criminal record on their job applications. This means that even if you have a DUI conviction, you won’t have to inform a prospective employer by “checking a box” on a job application. If the employer believes that you are qualified, you could be asked for an interview, and even offered a job.
However, employers can still run background checks on potential employees. According to a Los Angeles DUI defense lawyer, under the new “ban the box” law, employers can run background checks on potential new hires after a job offer is made. If an employer decides to rescind the job offer, he or she must justify through an assessment how the conviction will impact the person’s ability to do the job. The applicant must then be given the opportunity to respond. For example, if you apply for a position that requires you to drive, an employer may state that having a DUI conviction means that you are unable to do the job because you have a record of unsafe driving. You would then have the opportunity to respond to demonstrate that you have had a safe driving history since your DUI, or whatever the facts may be in your case.
It is important to remember that when you are convicted of a California DUI, it will be recorded in two separate places: your driving record and your criminal record. While a DUI will automatically come off of your driving record within 10 years, the same does not occur for the DUI on your criminal record. To remove a DUI from your criminal record, you will need to have it expunged. A skilled Los Angeles DUI defense lawyer can help you determine if you qualify to have your DUI record expunged.
Expungement is a legal process where you can have a criminal conviction removed from your record. If you have been convicted of a DUI, you are eligible to have the conviction expunged if (1) you were placed on probation for the DUI and (2) you successfully completed the probation. With the help of a Los Angeles DUI defense lawyer, you can petition to have your DUI expunged as soon as you complete your DUI probation. Once your DUI has been expunged, it will no longer be on your criminal record — and cannot be held against you in hiring or promotion decisions.
If you have been charged with a California DUI, it is critical to work with a Los Angeles DUI defense lawyer to help you obtain the best possible outcome for your case. In Los Angeles and the surrounding areas, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation today.
