Can You Be Denied Employment For Dismissed DUI Charges in Florida?

Dismissed DUI Charges in Florida? When an employer runs a background check, they are looking for criminal convictions. On a job application, the question is likely to be, ‘have you ever been convicted of a crime.’ Conviction is the important word here, as this is proof of guilt. If you are arrested for a DUI, and the crime is later dismissed, that should indicate innocence. And most employers do understand this, and will not judge a dismissed case, in the same way, they would a conviction.

Dismissed DUI charge

However, a dismissed DUI charge will usually still show up on background checks, unless they have been expunged or sealed.

It is up to the employer to decide to run background checks. However, there are laws around how they should do these checks and what decisions they can make based on the results. Often, employers act outside the law when it comes to background checks and employment. Here at The Ticket Lawyers, our DUI defense attorneys will provide you with clear advice about DUI law and will ensure that employers do not act unlawfully.

If you are unsure about the specifics of your case or how to handle employers, then contact us today for a free consultation. Our lawyers have over 75 years of combined experience in Florida DUI law, and we will give you the best chance at seeking or retaining employment.

Call us now on 855-323-8488.

What If My Case Never Goes to a Criminal Trial?

If you are arrested for a DUI, but the case never leads to anywhere or never goes to court, then most background checks will not automatically include it. However, in Florida, employers can choose to inquire about arrest records.

Other states have banned this practice, and have even stopped arrests without a conviction from appearing on background checks. Hopefully, someday Florida will follow suit.

If your case does go to trial and is then DUI charged dismissed, then this will show up on a background check.

What are the Federal Laws?

In compliance with federal laws, every state must adhere to the Federal Credit Reporting Act (FCRA). These regulations apply to all public companies performing background checks. It states that any arrests which happened over seven years ago cannot be reported. However, if you were convicted, then it will always show up.

States are also bound by the federal ruling, Title VII of the Civil Rights Act of 1964, which forbids companies from refusing to employ someone based on a criminal record, unless they can prove that it would have a detrimental effect on their business.

Unfortunately, many people have biases against people with criminal records, and if they have several applications, they are likely to choose someone without any convictions or arrests. It can be difficult to prove that the decision was made based on this, and therefore many businesses get away with discriminatory practices.

There are many jobs where a DUI conviction could be said to be detrimental for business, for example, if you are working with vulnerable people or in a job where driving is a key aspect. However, for many other jobs, it shouldn’t be a deciding factor. If you believe you have been treated unfairly, then The Ticket Lawyers are here to help.

What About Florida State Law?

Florida is behind many other states when it comes to its laws on background checks and employment. However, there are still things in place that limit employees.

• Arrest records – Employers are permitted to inquire about arrest records, but they will not automatically show.
• Sealed or expunged records – These offenses will not show up on a background check.
• Criminal records – Both private and public employers in Florida can use criminal records to vet employees. However, they should only disqualify people for first-degree misdemeanor or felonies, and only if it relates to the job. If employers are found to be unjustifiably discriminatory, they can face major ramifications.
• Ban the box – Unlike other states, Florida has not ‘banned the box’ on job applications, asking about criminal history. However, many cities within Florida have banned the box for public jobs, including Tampa and Clearwater.
• Incentives for employers – In Florida, if an employer runs a background check and no red flags appear, and they then go on to hurt someone, they are protected from a negligent hiring lawsuit. This encourages many employers to do a background check and use it in their decision-making process.

Do Dismissed Cases Show on a Background Checks?

A dismissed DUI conviction will show up on a background check unless it has been sealed or expunged. If you are not convicted, then you are not legally required to disclose it on employment applications. However, you may decide to disclose a dismissed DUI arrest, as your employer may find out anyway.

Your employer should not use a dismissed  DUI charge against you, as in the eyes of the law, you are innocent. That being said, many employers do take dismissed DUI charges into account.

If you think you have been unfairly treated by an employer, then it is important to hold them accountable. Contact a DUI lawyer today and see how they can help.

Clearing Your DUI Record

If your DUI charges have been dismissed, then you may be able to have them sealed or expunged. This will stop the DUI from appearing on a background check. It is not removed from your criminal record but stops employers from being able to find it in a background check. It totally Dismissed DUI charges.

This is only possible if you do not have a conviction. If you think you may be eligible to have your DUI charge sealed or expunged, then contact The Law Place to see how we can help. It is a complex process but is completely worth doing as it could drastically increase your chances of getting the job you want.

The Ticket Lawyers

Our DUI attorneys have over 75 years of combined experience dealing with DUI cases in Florida. We are unafraid to face large companies and employers and challenge them for their discriminatory practices.

We are skilled in Florida law and may also be able to help you to have your record sealed or expunged so that a dismissed charge no longer haunts you in your search for work.

Contact us today for a free consultation on 855-323-8488.