DUI arrests and convictions may need to be disclosed to employers in limited situations.
If you have been involved in a DUI, you hardly want to advertise this fact. You would probably prefer to forget the incident altogether, after completing any penalties such as probation or a license suspension of course.
Unfortunately, there are a few situations in which you will find it very difficult to forget your DUI. Specifically, you may have to disclose your DUI to a current or future employer in certain situations.
Future Employers
Since January 1, 2014, the state of California has had “ban the box” legislation in place that prevents employers from asking any questions about criminal backgrounds on employment applications. The only exception is if you are applying for a position with law enforcement, or for certain other positions requiring a criminal background check. If you are applying for such a position, you would have to disclose your DUI conviction.
It is also important to realize that if you are applying to an out of state job, that state’s laws will govern your disclosure. In this case, you should read the job application carefully and answer the question exactly as asked. For example, if the application asks if you have ever been arrested, you would have to answer yes even if that arrest did not ultimately lead to a DUI charge or conviction. If the application only asks about felony convictions, naturally you do not have to disclose a misdemeanor DUI.
Current Employers
When it comes to disclosing a DUI to your current employer, there are two points to consider:
Is disclosure required by your employment contract? If so, you must disclose your DUI or risk being in breach of contract. Breaching your contract could be grounds for termination even if the DUI itself is not. Read carefully to see if you are required to disclose arrests or convictions or both.
Is driving part of your job? If so, your employer needs to know about your DUI conviction. Allowing an employee with a DUI to drive could potentially open the employer to civil liability in case of an accident.
If neither of these situations applies, you have no duty to inform your employer about a DUI.
Fighting DUI Charges
Considering the potential of a DUI conviction to limit your current and future job prospects, wouldn’t it be better not to get convicted in the first place? A DUI defense attorney like Dan E. Chambers can help. After many years of experience in this area of law, Dan fully understands all the intricacies of the law as well as the shortcomings of DUI breathalyzer equipment and field sobriety testing. Dan can also assist with the administrative portion of the DUI proceeding which is handled by the DMV—but only if you call him within 10 days of your DUI.
Call 714-760-4088 now for a free initial consultation with Dan.
