If you are looking for new employment opportunities, you may be wondering whether or not your drunk driving conviction will show during your employment background check. Depending on the nature of the work you will perform, your drunk driving conviction may have little to no impact on your career prospects. Read on to learn more.
Michigan State Employment Background Checks
Typically, employers usually review a prospective hire’s criminal and driving records during the employment background check. In regard to criminal background checks, employers are not allowed to consider misdemeanor drunk driving arrests or charges if it did not result in a conviction unless the applicant is applying for position with a law enforcement agency. Felony charges regarding drunk driving can be considered by an employer even if such charges did not result in a conviction.
Note, under the Federal Credit Reporting Act (FCRA), an employer is permitted to inquire about an arrest that did not result in a conviction if the arrest occurred within the past 7 years. If your drunk driving arrest occurred over 8 years ago, it will likely not show up on your criminal background check.However, what shows up in a criminal background check will depend on the extent of the search performed as well as the particular employer’s industry. Some employers are more industrious than others when it comes to background checks.
Under Title VII of the US Civil Rights Act, it is illegal for employers to have a blanket policy of not hiring or accepting the applications of anyone with a criminal conviction. Employers must show that there is a bona fide occupational qualification necessary to normal business operations.
Do I Have to Report My DUI Conviction on a Job Application?
You should never lie about any type of misdemeanor or felony arrest, charge, or conviction on a job application. If you are dishonest about disclosing your criminal history, your employer may refuse to hire you or fire you once your dishonesty is discovered. Honesty is the best policy when it comes to disclosing your DUI conviction to your employer. You will often be given an opportunity to explain the conviction and to demonstrate why it should not be held against you. Often the older the conviction, the less likely an employer will hold it against you.
If you are questioning whether or not you should report your drunk driving criminal history, consult with your attorney prior to making any disclosures. Speaking with an attorney will help ensure your employment rights are protected and that you do not disclose anymore than you have to. Your attorney can also help you develop a strategy to help keep the conviction from being held against you (e.g. community service).
Clearing Your Criminal Record
Unfortunately, you cannot expunge your drunk driving conviction under Michigan State law. Traffic convictions will not be set aside by a judge under any circumstances. A DUI conviction is a lifetime conviction. But, that doesn’t mean you will never be able to get a job you really desire.
If you have been arrested for impaired driving in Washtenaw County, contact me for legal advice and counseling. I provide criminal defense legal representation to professionals charged with drunk driving throughout the Ann Arbor area. Call 734-274-6567 or email me to schedule an appointment to discuss your legal options.