Having a DUI on your record is embarrassing. It’s especially embarrassing when you have to bring it up during a job interview or on an employment application. Do you have to disclose a prior DUI arrest? What about a DUI conviction? Do you have to disclose that you went to a drug or alcohol treatment program as part of DUI probation? Let’s discuss some of the complex issues here.
Public Records are not Confidential or Private
Prior DUI arrests or convictions which are reflected in a public court record will not be confidential or private. Whether you bring up the past DUI on your employment application, in your job interview, or if the employer later finds it during a background check, it’s likely going to come up somehow.
What Can Employers Ask?
This is going to depend on state law. State and federal laws will regulate what can be asked on a preliminary job application, and therefore what can be asked during a job interview. Notice the differences between the following questions:
- “Have you ever been convicted of a felony?” This question is asking about felony convictions only. A misdemeanor conviction would not need to be reported, and neither would a felony arrest that did not result in a conviction.
- “Have you ever been convicted of a crime?” This could include a conviction for a felony or a misdemeanor, but not arrests.
- “Do you have any recent convictions or adjudications for driving violations?” This is an interesting question because it’s limited to violations or traffic tickets, but it’s expanded to include “adjudications.”Adjudications could include more than just convictions (e.g. dismissals and deferrals). What’s most interesting about this question is that the employer wants to know if you’ve had a speeding ticket but not a murder conviction.
- “Have you ever been arrested, charged, or cited for any violation, misdemeanor, felony, or other crime?” This is of course the most broad question that could be asked on a job application, and it would likely capture a person’s entire criminal history.
“Do I have to disclose a prior DUI when applying for a job?”
This seems like a simple question, doesn’t it? It’s unfortunately not. The answer largely depends on three factors:
- The applicable laws pertaining to the job and whether they require disclosure of a DUI (e.g. commercial truck drivers, airplane pilots, doctors, dentists, nurses, may be required to disclose prior DUIs as part of their employment, licensing, or certifications),
- The employer and what they might do once they discover the omission (e.g. Is there a code of conduct, employment agreement, or employee manual that discusses candor and honesty? Is the employer likely to view the failure to disclose as a more significant issue than the prior DUI itself?), and
- Whether or not the job application requires any certification that statements made in the application are true (e.g. sworn statement, notarization, declaration, etc).
“Will my prior DUI show up on an employment background check?”
In most cases, yes. Background checks are cheap and easy to do, and most court records are subject to search. This is one of the reasons it may be foolish to fail to bring up the prior DUI to a prospective employer.
“What can I do about my prior DUI?”
In some states, you may be eligible for a dismissal, expungement, or motion to set aside the arrest and/or conviction. An attorney can possibly help you with this process.
“How should I talk about my prior DUI?”
This too is a good question to discuss with an attorney. You will need to make sure to be factually-accurate when discussing your past DUI. A DUI attorney can help you put the facts of your prior DUI case in the most positive light. Similarly, things learned in drug and alcohol treatment can be turned into a positive experience. Avoid brushing off the prior DUI as a situation in which you were treated unfairly or “railroaded by the system.” People who tend to refuse to accept responsibility for their past mistakes in life– and blame others– tend to be employees viewed by employers with distrust or disfavor.
For more information on how to handle a past DUI diversion or DUI conviction on an employment application or during a job interview, contact our office. We’ve helped may clients with this same issue.