It should come as no surprise to many that a DUI charge or conviction can significantly impact a person’s career. Even if driving plays little part in their job, a DUI can wreak havoc on a person’s future employment. This is why it is so important for individuals struggling with a criminal charge to stay informed of their rights.
Many employers choose to do background checks on employees or prospective employees. Depending on the type of background check conducted, a past DUI charge may surface. Although there is a time limit set for when an employer may conduct these checks, they may choose to do so for any number of reasons.
Every state must follow the provisions set forth by the Fair Credit Reporting Act (FCRA), which includes provisions regarding background checks. Generally speaking, these provisions only apply to those checks performed by a third-party. Background checks conducted in-house by the employer are generally not subject to these provisions. The FCRA also set a limit on the amount of time adverse information may be reported. Criminal convictions may be reported through background checks for an indefinite amount of time. Criminal arrests without a conviction can only be reported for seven years.
Depending upon the job, salary and even the sector, certain limitations are set forth when it comes to background checks and employment. For individuals applying to a company, and even those with current employment, it is important to stay informed of these limitations. While an employer may want to refuse employment because of a criminal record, many states require that an employer show relevance for that decision.
For individuals struggling with the adverse effect a DUI charge or conviction has had on their current employment or employment eligibility, it may be beneficial to speak to a defense attorney. With their help you may be able to identify employer violations or address other issues related to your DUI.