DUI & Criminal Background Check Results: What to Expect (2024)

If you have a conviction for a DUI, will a criminal background check show that conviction? Is a DUI considered a criminal offense? The answer is yes in almost every area of the United States. Driving under the influence of drugs or alcohol almost always rates as a misdemeanor or felony offense. Most jurisdictions see DUI or DWI as criminal charges. Therefore, individuals with convictions for DUI should expect it to be a part of their criminal record.

However, there can be some confusion surrounding drunk driving charges. Many don’t understand why these charges appear on pre-employment background checks. They may not understand how it could impact future employment opportunities, either. Since driving under the influence takes place behind the wheel, people may think it is only a traffic crime. You might expect a DUI to appear on driving record checks but not a background check. These are common misconceptions.

Why a DUI Charge is a Criminal Matter

Is a DUI considered a crime? Yes. A DUI is a serious criminal offense. Driving drunk or while on drugs could result in serious injury or death to others. The impairment caused by substances makes motor vehicles very dangerous to operate. The law takes a harsh view of those who expose the public to such risks. Consequences often include license suspensions and sizable fines. There may even be mandatory jail time.

In all but two states, a first offense DUI is usually a misdemeanor. Misdemeanors are criminal convictions, which means criminal background checks report them. DUIs are more serious than most other driving offenses. The greater potential for harm warrants classifying DUI as a crime, even though it is also a traffic violation.

A DUI is technically both a criminal offense and a traffic offense. This means it will also likely appear on any motor vehicle record check that a prospective employer runs. What does this mean for job applicants?

Complications for Job Applications

Many employers today still ask applicants about their criminal history. “Ban the box” laws have reduced the number of places where this occurs. Employers must delay criminal history inquiries in such places until they make a conditional job offer. However, in the absence of such laws, criminal history questions remain common. How should someone with a DUI conviction answer? The question “Have you ever been convicted of a crime?” could be a problem for job-seekers with a DUI.

Only two states don’t charge DUIs as crimes. Both New Jersey and Wisconsin rate DUIs are traffic violations. If you have a DUI in these states, you can truthfully say you do not have a criminal conviction. In all other states, a DUI would require you to answer that “yes” you do have a conviction. Applicants should prioritize telling the truth. Lying about a DUI at this stage means problems later when a background check reveals the charge.

What About a DUI Arrest?

In some cases, the police may arrest individuals on suspicion of DUI/DWI. However, these arrests may not lead to formal charges or a conviction. If someone was arrested but not charged, they can answer “no” to criminal conviction questions on applications. Government agencies such as the EEOC discourage employers from making adverse decisions based on arrest records. Remember, you can’t infer guilt from a non-conviction arrest.

Employers should avoid considering only arrest information. At backgroundchecks.com, we do not report arrest records as a matter of best practices. Only DUI convictions should have an impact on job opportunities.

DUI as a Felony

What kind of conviction record will an employer see if an applicant has a DUI? That depends on several factors. States may charge DUIs differently from one another. There is also often a “ladder” of severity based on the number of times an individual has committed the crime.

First-time DUI offenders usually receive a misdemeanor charge. However, there are always exceptions. A DUI that leads to a fatality or serious injury will likely become a felony. Felony charges are likely even for a first-time offense if the driver hurts someone. In severe cases, the individual might also face charges of vehicular manslaughter or negligence. These additional crimes will also appear on background checks if they result in a conviction.

Other factors may influence charging DUIs as a felony, too, such as:

  • The driver’s blood alcohol content, or BAC.
  • Whether a child was in the car.
  • Whether the driver had a suspended or revoked license.
  • Whether there was property damage.
  • The number of previous DUI convictions.

First and second DUIs are misdemeanors in many states. Third DUI offenses may automatically rise to the felony level. A fourth DUI may require mandatory jail time and further felony charges.

If an applicant must disclose a DUI conviction on an application, they should prepare for a conversation. Explaining the circ*mstances will be important. Likewise, any evidence of rehabilitation will also be significant. Employers see DUIs as a serious crime that may speak to issues of personal character.

DMV Records

Will DUIs show up on background checks of an individual’s DMV records?

In most cases, yes. If there was a conviction or guilty plea, a driving record will reflect a DUI. This situation may confuse some applicants. DUIs may appear on both motor vehicle records and background checks. DUIs usually remain on your driving record for five to ten years, depending on the state. Criminal convictions may appear on your report for life unless sealed or expunged.

However, DUIs may also impact other information reported on your driving record. A DUI may lead to “points” assessed against your license. They can also lead to the suspension, restriction, or revocation of your license. All these things may show up on a DMV records check. This information can negatively impact your chances if you’re applying for a driving-related job. Remember that a DUI arrest may lead to points or a suspension even without a conviction. Such information will still appear on your driving record.

Getting Hired with a DUI

Most employers don’t look at driving records unless the law requires them to do so. They simply aren’t relevant to most positions. However, they are a critical part of hiring in industries regulated by the Department of Transportation. Those seeking jobs in transport or logistics should know what to expect. DUIs may limit job opportunities in these sectors. Multiple DUIs will be a barrier to transportation jobs.

To see whether a DUI appears on your DMV record, conduct a driving history check on yourself.

In most other cases, driving records don’t have any special relevance to the job role. Someone applying for a desk job at an office may have less to worry about than a commercial driver. Multiple DUI convictions may still make an employer question an applicant’s reliability. However, employers enjoy broad latitude in how they make such hiring decisions.

FAQs

Does a DUI show up on a background check?

Yes. DUIs are criminal convictions that appear during the process of conducting background checks. DUIs are criminal matters in every state except Wisconsin and New Jersey. They may appear as a misdemeanor, or DUIs may be a felony offense. The level of offense depends on the severity and circ*mstances of the crime. For example, multiple DUIs may elevate charges to the felony level.

Can you pass a background check with a misdemeanor DUI?

“Passing” a background check depends on multiple factors. Employers that encounter DUI convictions on your record will decide based on their own criteria. Whether you “fail” the background check depends on several considerations. A very old DUI without subsequent offenses may not seriously concern employers. Ultimately, whether you “pass” depends on the employer and the position. Even misdemeanor DUIs will be a barrier when applying to drive a school bus, but less so for a retail clerk job.

Will a DUI prevent you from getting a job?

The EEOC urges employers to consider criminal convictions based on their relevance to the job role. Whether a DUI is a barrier to employment depends on the job. Employers are less likely to disqualify candidates when the job doesn’t involve driving.

Will my employer find out about a DUI?

Because most employers conduct criminal background checks of the individuals they hire, your employer will likely learn about a DUI conviction while vetting you.


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DUI & Criminal Background Check Results: What to Expect (1)

AboutMichael KlazemaThe author

Michael Klazema is the lead author and editor for Dallas-based backgroundchecks.com with a focus on human resource and employment screening developments

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DUI & Criminal Background Check Results: What to Expect (2024)

FAQs

How do I know if my background check is successful? ›

If you want to know whether you passed your check, you can either reach out to the employer who requested it or reach out to the background check company itself. Ultimately, you can fight for yourself, especially if you fail your background record check.

How do I know if I passed my background check first advantage? ›

You can login to your Profile Advantage account at any time after you have submitted the background check to see your profile. Dependent upon regional or employer requirements, you may be able view the progress of your report. Status reports will be displayed in the “Dashboard” section of Profile Advantage.

What is the best possible outcome for DUI? ›

The most sought after result is the dismissal of the charge and it can occur in primarily one of three forms. The first is that the prosecutor agrees to dismiss the charge for lack of evidence. In this instance, the prosecutor does not believe she can proceed based on the evidence at hand.

How to respond to a background check? ›

How To Talk About Background Check Issues
  1. Be Honest. Number one rule – be honest. ...
  2. Be Proactive. Let's say you are interviewing for a job and it comes out you need a spotless driving record…and you don't have one. ...
  3. Be Realistic. ...
  4. Be Smart. ...
  5. Be Adaptable.

How do I know if I failed my background check? ›

If the potential employer decides not to hire you based on the results from the background check, they must provide you with a notice of "adverse action" and a copy of the background report, along with a summary of your rights under the FCRA.

How do you tell someone they failed a background check? ›

The FCRA specifies that you send the following information within three days of receiving the background check results:
  1. A written summary of the screening results.
  2. A copy of the background check report.
  3. The background screening company's contact information.
  4. A copy of their consumer rights under the FCRA.

What happens after successful background check? ›

What happens after a background check for a job? After a background check is complete, employers use the information they find through the process to make informed decisions about whether they would like to invite you to be a part of their organization.

What fails a first advantage background check? ›

Mistaken identity resulting in unaffiliated criminal records being associated with the wrong person. Information from Identity theft and fraud scenarios that is reported as accurate. Information from someone else in your report (including criminal, credit, financial, employment, housing, etc.).

What does score eligible mean on a background check first advantage? ›

“Eligible” means that the returned report meets the employer's or property's criteria for hiring or housing. “Decisional” means that the First Advantage customer has configured the results in the background check to require additional review by them.

What is the best outcome for a DUI case? ›

Finally, if you are acquitted of a DUI after a trial, or the charges against you are dropped, then you certainly have achieved the best-case scenario. However, most clients would consider a prosecutor's offer of a careless driving guilty plea in exchange for withdrawing the DUI charges to be an absolute win.

What is the best plea for a DUI? ›

The main advantage of pleading “guilty” to DUI with a plea bargain is knowing what the sentence will be in advance. If a defendant goes to trial and loses, the judge might sentence him or her to DUI probation. But the judge could also impose a hefty fine and/or time in jail.

How long do most DUI cases take? ›

A typical first-time DUI case will probably take between two and six months to conclude, depending on the complexity of the case and the schedule of the attorney.

How do background checks reject candidates? ›

There are many reasons why a candidate may “fail” a background check, from criminal history to discrepancies in employment or education history, or an unsafe driving record or failed drug test.

What do you say when someone asks what your background is? ›

Tip: To provide a well-rounded overview, focus on the most relevant aspects of your education and experience. It is also beneficial to structure your response in a way that highlights your most recent and relevant experience at the end, leveraging the recency effect to leave a lasting impression.

Can an employer rescind a job offer after a background check? ›

If a background check reveals information that a company deems inappropriate, then they might rescind an offer. This reason could include incorrect or misleading information on the original application.

How do you know if you have a clear background check? ›

The Applicant Background Check Status is located at: https://applicantstatus.doj.ca.gov/. The ATI Number and Date of Birth are required to perform a search.

How long does it take to hear back after a background check? ›

Typically, the turnaround time for a criminal background check is 1-3 days, but may be returned sooner depending on the check and the process or provider you use. For example, 98% of nationwide criminal records checks complete within one hour at Checkr.

What if there is no response after a background check? ›

Initially, you can contact the authorized person in the company wherein you have applied for a job. If you get no response, you can also contact the company that is handling the background check process if you have their contact details.

What does clear mean on a background check? ›

When a Checkr report is marked Clear. If a report has been marked as 'clear,' it means that nothing of concern has been uncovered in the investigation. The candidate has been verified, and there is no known reason why your company should not continue with the hiring process.

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