Employers routinely conduct background checks before hiring a new employee
and they may be able to find a
DUI charge, even if you were not convicted. In addition, if you hold a commercial
driver's license as a part of your job, you may lose it for a DUI
arrest. Every state must abide by the federal Fair Credit Reporting Act,
or FCRA, which applies to background checks done by outside companies
but not for those done in-house. The FCRA prevents criminal arrests more
than seven years old from being reported, but convictions can be reported
Furthermore, these restriction on reporting by the FCRA are only for those
jobs which pay $75,000 or less per year.
Don't I have rights?
As an employee, you are still protected by Title VII of the Civil Rights
Act that bars employers from turning applicants down for criminal convictions
unless they have a business-related reason for doing so. However, this
butts up against California law which allows employers to refuse employment
to anyone with a conviction record. California does, on the other hand,
offer certificates of rehabilitation for those convicted of criminal offense
to make it easier to find work.
Having a DUI on your record can make certain job harder to obtain especially
those involving working with children, the elderly, or the disabled. These
and federal jobs can be harder to find but there is no hard and fast rule
regarding applicants with a DUI record.
For some, obtaining an expungement may be a means of clearing your record
of your arrest or conviction. If you are able to have your record expunged
by meeting certain requirements, you would be able to legally deny that
you have ever been arrested to your employer and most other people.
Don't risk your future with a DUI conviction—fight back with
Attorney Jacqueline Goodman at your side.
Call our firm right away!