Driving under the influence is a crime in the state of California. A DUI conviction will appear on both your driving record and criminal record, meaning that it will show up on any background check conducted using your social security number. Having this information available to organizations can be detrimental in many ways. To avoid a conviction or the full extent of penalties associated with a DUI, speak with a Tehama County DUI lawyer today.
Who Uses Background Checks?
There is a variety of people and institutions that may require a background check. Refusing to authorize a background check can create detrimental consequences depending on what you are trying to accomplish. The following are some examples of people who may utilize background checks.
- An employer at a job you applied for
- An employer at a job you currently work at
- A landlord of a property you applied to rent
- Colleges or universities
- Licensing organizations for certain trades or skills
If you have a DUI conviction it will likely appear in any of the above’s searches. Having a criminal record can deter an employee, landlord, admissions person, etc. from hiring or accepting you as an applicant.
Can I Pass a Background Check With a DUI?
It is important to understand that having a criminal record does not mean that your life is over or that you will never find a job, get into college, etc. The Fair Chance Act was established in California in 2018 in an effort to reduce discrimination against job applicants with a criminal record. Employers with five or more employees cannot look into an applicant’s criminal history without first conditionally offering them the role. While employers are within their rights to rescind a job offer after performing a background check, this law helps employers see applicants for their current attributes not past mistakes.
Many employers choose to hire applicants regardless of their criminal history if they believe them to be changed or do not think that their prior convictions affect their ability to perform the responsibilities of the role. For example, if you have a DUI conviction and apply to be a school bus driver the employer may not allow you to step into the role. However, if the job you are applying for has nothing to do with driving the employer may consider it irrelevant.
How Long Does a DUI Appear on Your Record?
Because California considers driving under the influence a crime and a moving violation, it will appear on both your driving record and criminal record. A DUI charge will not stay on your driving record forever. After 10 years generally the charge will no longer appear on your record.
Because a DUI will result in an offender having a criminal record the information will appear in every background check. While it will never go away on its own, you may be able to get your DUI conviction expunged from your criminal record.
For more information on how to get your DUI charge expunged contact an experienced attorney.