When filling out applications for an apartment, the landlord/realty company will perform all kinds of background checks. This includes your income, credit score, previous tenant history, and yes, your criminal record.
There is no federal law or California state law prohibiting anyone with a DUI conviction from renting an apartment. Therefore, you can certainly still rent an apartment while having a DUI conviction on your criminal record.
Up to the Landlord’s Discretion
Even though there are no laws stating that you are not allowed to rent an apartment with having DUI convictions, it will still be rather difficult to do. This is because it is all up to the discretion of the landlord and the realty company. They have all the power to reject your application if they see that you have been convicted of a DUI or DWI.
A landlord might reject your application because DUI convictions prove that you are irresponsible and unreliable. Landlords want to be assured that their tenants can make monthly rent payments and not cause any unnecessary problems. DUI convicts have a harder time finding employment, having reliable transportation, and saving money in their bank accounts.
At the end of the day, landlords only really care about if you can make your monthly payments on time and in full. A landlord or realty company can still approve your application if you can prove you have a steady income from a job and enough money to make payments. You can always simply apply for another apartment if a landlord denies your tenancy due to your DUI conviction.
Misdemeanor vs. Felony Conviction
According to the Equal Justice Initiative, roughly 80% of arrests made in America are for misdemeanor charges. Misdemeanor DUIs (less severe a crime) are much more common than felony DUIs (more severe a crime). This means that you might have a better chance of getting approved for an apartment if you were only convicted of a misdemeanor DUI, and it is going to be more of an uphill climb if you have a felony DUI conviction.
Having other convictions besides a DUI or DWI can also hurt your chances of getting approved for an apartment. A landlord is already being lenient enough by possibly allowing a DUI convict to rent a unit. Other charges like theft, assault, disorderly conduct, and resisting arrest are just further proof that you might be too difficult to work with. It never hurts to be honest, and upfront about your criminal record and your transparency could help convince the landlord to approve your application.
You can eventually have your misdemeanor DUI conviction expunged from your record. This would help tremendously if you are just getting rejected from every apartment that you apply for. However, a misdemeanor conviction is not automatically expunged, you must file a formal request and submit the expungement petition to a court. You will no longer have to worry about landlords, realty companies, or workplaces seeing your DUI conviction if the court approves of your expungement petition.
Can Neutral Policies Be Discriminatory?
In recent years, the argument of landlords rejecting applicants over their criminal record has become hotly debated. Some claim that even though this policy is seemingly neutral, it is actually discriminatory. This is because minorities, specifically African Americans and Hispanic Americans, are convicted at disproportionately higher rates than white Americans.
According to the U.S. Bureau of Justice Statistics, African Americans make up 36% of the prison population despite making up only 12% of the US population, while Hispanic Americans make up 22% of the prison population despite making up only 17% of the US population.
When a landlord or a realty company denies an apartment applicant due to their prior DUI conviction, it puts minorities at a greater disadvantage. This is why there is a growing movement to have laws put in place prohibiting landlords from denying tenancy over criminal records. Contact a Los Angeles DUI attorney to learn more about discrimination again your prior convictions.
Addressing the DUI Conviction
It can be tricky to know if you should disclose your criminal record, how to do it, and when to do it. Being upfront and transparent about your past DUI conviction is the best plan of action.
It may seem counterintuitive to tell the landlord that you have a criminal record, but they will appreciate your honesty. Plus, they were going to find out about a DUI convention one way or another after a formal background check.
Owning vs. Renting
Since trying to rent an apartment with a DUI conviction on your criminal record can prove to be rather difficult, others have turned to trying to own. They believe that because an apartment requires abiding by a landlord’s policies and discretion, then they are better off owning a home and paying a mortgage. Owning a home is much harder than renting an apartment for anyone, not just DUI convicts.
It is more difficult because banks and the government are more heavily involved when it comes to getting approved for a mortgage. You will not be able to get approved for a mortgage loan if you cannot even get approved for an apartment lease. Plus, you would have to deal with a homeowner association (HOA) and they can be more challenging to work with than a landlord or a realty company.
How a DUI Lawyer Can Help
Speaking with a Los Angeles DUI lawyer can help you in many different facets. They can provide you with knowledge and expertise in regard to figuring out if you are being rejected for an apartment due to discrimination. You certainly have the option to sue a person or organization if you have solid evidence that they are discriminating against you on the basis of skin color and ethnicity.
A Los Angeles DUI attorney can also help with trying to expunge a misdemeanor DUI conviction from your record. This process can be rather hard because it requires filling out an expungement petition which has a bunch of legal jargon on it that most people who are not lawyers will not understand. Contact us today to sit down with a DUI attorney and receive a free case evaluation.
