Can a DUI Make Me Fail a Background Check?

It’s much easier to get a DUI than most people realize. The .08% threshold that is applied for driving under the influence charges can be met with a few drinks after a night out on the town.

While impaired driving is always a bad choice, it’s ultimately a mistake. The question many people find themselves asking after a DUI charge is how long they will be forced to pay for that mistake.

Does a DUI arrest inhibit your ability to pass a background check? The answer to that question can be a little complicated. Below, we take a look at how a DUI conviction will be presented in the context of an employment background check.

What Does it Mean to Fail a Background Check?

It’s important to understand that there is no objective standard for failing a background check. People who have experienced a criminal conviction still find work, even if they were charged with crimes that are more significant than a DUI.

The “pass/fail,” element of the check depends on what your future employer is looking for. If, for example, you are looking for a job in finance, the person reviewing the criminal background check may not be very concerned with your driving record. On the other hand, if you are trying to get a job in transportation, a DUI conviction may be very impactful in how the employer decides to proceed.

How Long Will a DUI Show on Your Record in Nevada?

How long a DUI will show up on a background check will vary by state. In some states, a DUI may factor permanently on your record. Nevada’s DUI laws are a little more forgiving. Here, a misdemeanor DUI offense can be “sealed” after seven years. That means that it is still technically on your record, but it won’t show up when future employers conduct background checks.

However, it is important to note that your record will not be sealed automatically. You will need to file a petition with the courts. While it is possible to do this on your own, you may benefit from consulting a lawyer to walk you through the process.

Also, note that there are important exceptions that can complicate the process of having your record sealed for background screening.

When DUI Convictions Become Permanent

There are several stipulations that can make a DUI show up permanently on your record. These scenarios all apply to felony DUI convictions. In Nevada, your first and second DUIs will show up as misdemeanors.

However, a third DUI and DUIs that result in injury or death are considered felony offenses and, in most cases, may never be sealed from public view.

If you have been convicted of these types of criminal charges, we recommend consulting our record-sealing lawyers to determine your options for starting fresh.

How DUIs Affect Your Job Search in Nevada

If you have a DUI on your record in Nevada and are concerned about potential employers conducting background checks, it’s crucial to understand things from their perspective. Employers often conduct criminal background checks as part of the hiring process, including reviewing your driving record to reveal any DUI convictions.

They are generally more concerned about recent convictions, and while misdemeanors, including DUIs, may be eligible for sealing after a waiting period, some employers may still consider them if they occurred within the last several years.

In addition, keep these other tips in mind:

• Transparency is Key: Some job applications directly ask about your criminal history, including DUIs. It’s essential to be honest and transparent in your responses, as failing to disclose a DUI when asked could be grounds for dismissal.
• Company Policies Vary: Each employer sets its own policies regarding hiring applicants with a criminal history. Some may have strict policies against hiring individuals with DUIs, especially for certain roles, while others may be more lenient.
• Job Relevance: Employers often assess the relevance of the DUI to the job responsibilities. For positions that involve driving or require a clean record, a DUI may have a more significant impact.
• Legal Counsel: If you’re uncertain about your rights or how your DUI might impact your job prospects, consider seeking legal advice. An attorney can provide guidance on Nevada’s specific laws and advise you on how to navigate potential challenges during the hiring process.

If you have a DUI on your record and are worried about how it will impact your employment potential, talk to a lawyer right away. Not only will they be able to clarify any questions you have about how background checks work in Nevada but they will also be able to explain your rights, and potentially discuss expungement.

The impact of a DUI does not need to be permanent. With a little bit of help, you can help make sure that your mistakes don’t shape the rest of your life.

At the Benjamin Durham Law Firm, we have helped many people charged with DUI offenses. Contact us today for a free consultation. We will review your situation and help you understand your legal options.