Unfortunately, the pain of a DUI conviction does not end in court, or even
once you have finished paying your fines or serving your sentence. It
becomes part of your record and can continue to cause you hardship long
after you have put the incident behind you. If you have a commercial driver’s
license (CDL) or driving is a required duty for your job, this can be
even more of a predicament. Employers might conduct a background check
on both prospective and current employees for a variety of reasons and,
depending on how this is done, it could expose your DUI charge or conviction.
That said, there are some limits as to how employers conduct checks as
well as their decision to hire or fire an individual.
Federal and State Restrictions
Every state is subject to the provisions of the federal Fair Credit Reporting
Act (FCRA). It prohibits the reporting of criminal arrests after a period
of seven years, though criminal convictions can be reported indefinitely.
The reporting restrictions provided by the FCRA only apply to jobs with
a yearly salary of $75,000 or less.
Additionally, federal courts often rule that Title VII of the Civil Rights
Act of 1964 prohibits employers from barring the employment of individuals
with convictions unless they can provide a compelling business reason
for doing so. The problem here is that applicants almost never have a
way of knowing what occurs behind the curtain when applying for a job.
States, on the other hand, generally allow employers to refuse employment
to anyone with a conviction on their record. California, along with 8
other states, offers certificates of rehabilitation for employment purposes
to those convicted of DUI crimes, lifting some of the barriers one might
face when seeking employment. California Labor Code 432.7 states that
employers are prohibited from asking about an arrest that did not result
in a conviction.
Clearing Your Record
It is not always an option, but in some cases, a DUI offender might be
able to expunge a DUI record, which means it would be effectively sealed.
If you have more questions about employment background checks or inquiries
regarding the specific circumstances of your case, consult with an attorney.
DUI Attorney in Ventura
If you were pulled over and charged with a DUI, now is the time to secure
the aggressive and skilled legal representation you need to protect your
rights and defend your driving privileges. At The Law Offices of Robert
F. Sommers, our legal team has more than 20 years of experience and is
prepared to handle a wide range of DUI cases. We provide legal counsel
in Ventura County, Los Angeles, and Santa Barbara County.
Contact our office today at (805) 919-8662 to schedule a free consultation
with a knowledgeable member of our team.