DUI Show Up on a Background Check: Employment background screening began years ago, in fact, negligent hiring law first appears in a case as far back as 1908. Today, they are commonplace, 92% of employers in the United States run background checks on prospective employees and the chances of applying for a position at a company that does not perform a background check is extremely slim. Therefore, if you have been arrested for a DUI in Florida the consequences of your conviction will open up a world of obstacles for your future.
Even if you are never convicted of that offense, and it is dismissed, the arrest will still show up on a criminal a background check. You may be required to disclose the arrest and charge in certain situations, such as employment applications, and this can have drastic consequences on your job prospects.
If you have been arrested but not convicted of DUI, you may be eligible to have your DUI arrest record sealed or expunged. An experienced DUI defense lawyer from The Ticket Lawyers help to guide you through the long and complex process to seal or expunge your DUI record. Our law firm has over 75 years of experience in defending the criminally accused. Contact us on 855-323-8488 today for a free consultation and we can answer any questions you may have.
Why Does My Dismissed DUI Show Up In a Background Check?
The Law in Florida offers few protections for applicants and instead provides an incentive for employers to perform searches and not grant applications security clearance based on background checks.
Companies conduct pre-employment background checks to protect themselves from being sued by employees for negligent hiring. Employers cannot be found negligent in hiring if a background check was performed and there was nothing to indicate that the employee would cause harm to the company or fellow employees.
If you are arrested and charged for a crime, whether you are found guilty or not, your criminal charges, a DUI conviction included, are released by courts as part of the general public record. These can then be searched by anyone on the Florida Department of Law Enforcement’s website. This can cause problems if you are looking to start a new career or just change jobs in the same industry.
Sealing your record means the dismissed conviction will not show up in most private employment background checks, and you will usually not be required to disclose it. You may be eligible to seal or expunge your conviction if:
- If your DUI conviction was reduced to reckless driving and the court withheld adjudication.
- If your DUI case was completely dropped by the prosecutor or dismissed by the court.
An experienced DUI defense lawyer from The Ticket Lawyers can help guide you through the complex process to seal or expunge your DUI conviction record. They can also support you with regards to the rules of disclosure.
Pending Charges on a Background Check
If you have charges against you but your case has not been adjudicated, your case will show up on a background check as a pending case. This reveals to the persons performing the check that an arrest has been made and the applicant has been charged, but there has been no resolution. Arrest records within the last 7 years will show on a search and may be considered by employers who do their own background checks.
Expunging Your Records
To seal or expunge your DUI records, so that they do not show up on a background check, you must first file an application with the Florida Department of Law Enforcement. Part of the application must be completed and signed in the presence of a notary public. If you are seeking an expunction, part of the application must be completed by the State Attorney or Statewide Prosecutor with jurisdiction over your case. A criminal defense lawyer at The Ticket Lawyers can help you with this complicated process.
Do all Companies Perform Background Checks?
If you are applying to a new job you are not required to disclose more than what is asked, however, in the US, it only costs $24.00 per search to search a name in the Florida Department of Law Enforcement Criminal History Information database of arrests, therefore, it is likely that one will be performed on you whenever you apply for a new job.
Background checks are a vital tool for the hiring process. Most companies want to know exactly who they are hiring, and many do not take the risk of hiring someone with a criminal record, even if the case has not been resolved or has been dismissed. This practice itself is illegal except in circumstances when the position the applicant is being considered for is directly tied to the crime for which the applicant was charged.
If, for example, you have recently been arrested for theft and are applying for a job where you would be handling money such as a cashier position, the company would likely reject you for the position. In addition, jobs in sensitive fields such as banking or daycare, permit employers to scrutinize job applications more strictly than what is usually allowed.
If you have been rejected for a job after a background check due to charges that have been dismissed, have not been resolved, or are not related to the job you are applying for, you will need the help of a criminal defense attorney.
What Can a Company Find Out About You?
In addition to your dismissed or pending case, employers can search your driving records, marriage and divorce records, and even your credit score. Some employers seek to find as much information about you as possible so that they can make a judgment on your character, regardless of how misleading the information may be.
Federal laws exist to protect applicants with a criminal conviction, but too often companies illegally refuse to hire someone based on the fact that the criminal record exists.
Employers are required to follow guidelines set out by The Fair Credit Reporting Act if they use a third-party company to perform background checks. These include the following:
- The employer must have the applicant’s consent to perform the check.
- The employer must tell the applicant if he or she may be disqualified based on the findings.
- Job candidates must receive a copy of the report.
- The applicant must be notified once the decision has been made against hiring.
- The third-party conducting the background check may not report on arrests pending charges or an expunged conviction.
Contact The Ticket Lawyers Today
Hiring an experienced DUI defense lawyer from The Ticket Lawyers is very important if you are seeking to seal or expunge your DUI record in Florida.
Our team of criminal defense lawyers are familiar with Florida legal procedure and have successfully helped clients remove dismissed DUIs from their records many times. They are committed to protecting the rights of their clients, and they will fight to clear your record of blemishes.
Call us today on 855-323-8488. for your free consultation, we are available 24 hours a day/7 days a week to answer any questions you may have with regards to your dismissed DUI case.