Posted By The Law Offices of Jacqueline Goodman || 15-May-2015
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 differently.
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!