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What rules apply to DUIs and employment in New York?

We’ve talked about how a drunk driving charge can impact a person’s career on this blog before, but today let’s dive a little bit deeper into that topic. In the state of New York, what can an employer do based on your criminal record? And what sorts of rules are in place that actually help the person accused or convicted of a DUI?

First and foremost, it’s important to realize that a simple arrest record and a charge — even if it doesn’t lead to a conviction — can negatively impact a person’s career and job status. For example, what if the individual is a truck driver or has a commercial vehicle license? These things are inherently tied to their career or job status, and they can be threatened by a DUI charge (let alone a conviction).

Now, let’s say an employer found out about your charge or conviction. Depending on how they found out, and depending on the New York laws that apply to the situation, your job status may or may not be in jeopardy. Every situation is unique, so you should consider an attorney if things get complex.

In addition, the Fair Credit Reporting Act (FCRA) actually applies to criminal arrests and convictions and how they are reported to employers. New York also has laws that force employers — may they be private or public — to prove why a criminal conviction could exclude a person from having a certain job, depending on that job’s description and duties.

Source: FindLaw, “DUI and Employment Background Checks,” Accessed Jan. 2, 2015

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Neil S. Ruskin
188 Montaque Street Suite 404
Brooklyn, NY 11201

Local: (718) 237-1547
Fax: 718-875-4011

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