Can a Dismissed DUI Hurt Employment?The short and simple answer to this question is that a DUI conviction does indeed have the potential to impact your career or your potential chances of seeking employment. Even a DUI charge that has not resulted in a conviction can cause a problem, particularly for those that work as commercial vehicle drivers and hold a Commercial Drivers License (CDL), or if you drive a company car or as part of your job.
In most cases, it is down to the employer to decide whether or not they want to carry out prospective background checks on new or existing employees. Ultimately though, there are limits on how the employer must go about these checks, and these limits are governed by the state laws surrounding such checks.
Unfortunately, there are often cases where employers act outside of the law when it comes to their background checks of employees. Here at The Ticket Lawyers, our team of skilled lawyers will be able to provide you with clear, understandable advice on how to tackle employment background checks, as well as seeking high-risk insurance.
If you are unsure of the specifics of your DUI case, we highly recommend heeding our advice. Make sure you contact The Ticket People at 855-323-8488, so we can help give you the best possible chance of seeking employment.
In terms of federal laws, every state has to follow the provisions of the Federal Credit Reporting Act (FCRA). These provisions apply to all background checks if they are performed by an outside company. Under these provisions, you are not allowed to be reported for any criminal arrests after a seven-year time period. If you have received a conviction, however, it is reportable indefinitely.
Furthermore, federal courts have often followed the ruling that Title VII of the Civil Rights Act of 1964, specifically forbids businesses from deciding to hire someone with a conviction unless they can prove that doing so would have a detrimental effect on their business.
Unfortunately for many, it is hard to know exactly what is going on behind closed doors during a job application, and this can lead to unlawful and wrongful grounds to avoid hiring someone.
Many employers in Florida commonly use a criminal background check during their hiring process. You are, however, still protected by the laws of the state, and this means employers should have to prove that hiring you would be detrimental to their business in order to stop you from applying.
If you have previously been arrested and charged for a DUI case, but you have avoided conviction, then it may be important for you to know whether it will show up on a background check.
Firstly, it is worth bearing in mind that most employers who ask about background checks will be looking for criminal convictions. If this is a question on your job application, then you can tick no, as you have never been convicted. The bottom line is that usually, employers will not look at dismissed cases in the same way that they would look at convictions.
When it comes to background checks, however, it is most likely that your dismissed case will show up on a background check. When it comes to arrest records, no employer is legally allowed to ask about your arrest record, and they are not allowed to use them against you in a job application.
This is not the case for dismissals, and there is no similar law to protect you.
This means that if you have had a DUI case dismissed, then you should expect an employer to find that information in your background check. The main exception to this is if your files have been sealed or expunged if not, they are part of the public record.
Remember, though, that if you were not convicted, you will usually not have to disclose anything at all to potential employers.
In certain circumstances, you may be able to seek to get the records of your DUI dismissal expunged from the record. When this happens, your record becomes sealed, and this does not mean it is removed, simply that employers can not find it in their background check.
Usually, this is only an option if you are arrested but not convicted. If you intend to pursue this option, then we highly recommend contacting us at The Law Place to discuss your option.
As attorneys that have dealt with numerous dismissed DUI cases that have not resulted in a DUI conviction, we have a wealth of knowledge and experience in dealing with cases just like yours. We may be able to help you seek expungement, and if not, we will be able to give you the best advice for dealing with employers in the future.
Our phone lines are always operated, 24 hours a day, seven days a week around the clock. Don’t let a dismissed DUI case ruin your chances in a job search.
Call us today at 855-323-8488.
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