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What You Should Know About DUIs & Employment Background Checks

October 4, 2017
By The Wiseman Law Firm

Driving under the influence (DUI) of drugs or alcohol can lead to more punishments than you might think. If it’s your first charge, you might get off with no more than a brief license suspension and a fine; however, there are long-lasting consequences even to a single DUI on your criminal record.

If you drive for a living and need a commercial driver’s license (CDL) to do your job, you might be prevented from ever working in your chosen field. Employers often conduct background checks on both prospective and current employees for various reasons, which could expose your DUI charge or conviction.

Each state is subject to the provisions of the federal Fair Credit Reporting Act (FCRA). This act prevents the reporting of criminal arrests after a period of seven years, though criminal convictions can be reported indefinitely. Likewise, the restrictions on reporting only apply to jobs with a yearly salary of $75,000 or less.

Federally, Title VII of the Civil Rights Act of 1964 prevents employers from barring the employment of individuals with convictions unless they can provide a compelling business reason for doing so. States, however, generally allow employers to refuse work to anyone with a conviction on their records. So, if you have a DUI arrest or conviction on your permanent record, an employer might see it and decide you’re too much of a liability to hire.

In some cases, you might be able to prevent the problem by expunging a DUI record. This means your DUI record would effectively be sealed. However, this is only an option in some cases. If you would like to discuss the possibility of expunging your record with a skilled Orlando criminal defense attorney, call us today.

If you are facing a DUI charge, we might be able to prevent your criminal record from costing you a job later. Talk to Attorney Wiseman about your situation as soon as possible. He has 20 years of legal experience to offer your case. He is also a former prosecutor, meaning he has unique insight into how the prosecution might think and strategize about your case. Let us see what we can do for you.

Contact us at 407-420-4647 or fill out our online form to schedule a free case consultation today.

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