A DUI (driving under the influence) conviction will show up on criminal background checks in most cases. Related charges can also appear on a driver’s criminal record.
Several factors determine how criminal background checks are used and whether individuals can use your criminal history against you. It is also possible to have DUI charges removed from your record. A Los Angeles DUI lawyer can help you learn more about your criminal record.
Find out more by calling or completing our online contact form.
How Do DUIs Show Up on Background Checks?
DUIs may show up on a fingerprint background check for criminal charges as a misdemeanor or felony criminal offense. They should only show up if the court convicted you of driving under the influence of alcohol or drugs.
A thorough background check may also include your arrest record, so a DUI arrest may sometimes appear, even if you avoided a conviction. However, employers may never consider:
- Arrest records
- Diversion programs
- Juvenile records
- Dismissed convictions
You can learn more about allowable background screenings and how they impact hiring decisions with a criminal defense lawyer. Remember, a DUI will show up on a criminal background check, so it’s essential to face these charges head-on.
Who Uses Criminal Background Checks?
The following parties may use criminal background checks:
- A possible future employer, when deciding whether or not to hire you
- A current employer reviewing the records of its employees
- Professional associations, when determining whether to license you in a particular skill or trade
- Colleges and universities who are considering whether to accept you as a student
A DUI conviction can count against you in all of these circumstances. It is legal for an employer or any of these other entities to consider your DUI when deciding whether to hire, license, or accept you. It is not discrimination if they turn you away because of your criminal history. It is standard procedure.
A DUI will show up on a criminal background check, but an attorney can help you deal with these charges.
Is a DUI on My Criminal Background Check Detrimental?
Yes, having a DUI appear on a criminal background check is extremely detrimental in almost all cases. Unfortunately, many people underestimate just how bad it is to have something like a DUI conviction, whether it is a felony or not, on their record.
A DUI conviction can prevent you from gaining employment, receiving a loan, serving in the military, and obtaining higher education. On top of the financial and legal penalties you go through, it can make navigating through life extremely difficult.
How Can I Ensure My Record Is Clean?
The best way to retain a clean record after getting arrested for a DUI is not getting convicted in the first place. To do that, you will need an experienced Los Angeles DUI attorney to help you. Do not try to fight your charges alone.
Getting legal representation as soon as possible is always in your best interest.
Possible DUI Defenses
Defending yourself against drunk driving allegations you are facing is crucial if you hope to avoid having a DUI on your record. A legal defense is the best way to ensure your driving and background records are clean.
Your DUI attorney in Los Angeles will carefully examine the circumstances of your case to determine which defenses are likely to result in an acquittal, charge reduction, or other favorable outcome. Some of the most commonly used defenses in DUI cases include:
- Law enforcement officials conducting unlawful searches or seizures
- Violations of the defendant’s Miranda rights or other constitutional rights
- Issues with laboratory testing or breathalyzer calibration
- A police officer or prosecutorial misconduct
- Taking specific medications or having certain types of health conditions
- Mistake of fact or wrongful identification
These are just a few defenses that a lawyer could use to defend you from charges of driving under the influence of drugs or alcohol. Your attorney might also suggest working out a plea agreement or entering a pretrial diversion program.
If you enter a pretrial diversion program, the court could reduce the charges against you to a less serious offense or ultimately dismiss the charges once you fulfill the terms of your program.
You can learn more about how pretrial diversions work and whether you meet the eligibility requirements when you discuss the specific details of your case with your private Los Angeles DUI lawyer.
Getting a DUI Expunged from Your Record
Expunging a DUI means it is “sealed” so that, for most purposes, it is invisible to the public. This act does not quite make it as if you never got a DUI, but it comes close for background checks.
If your DUI gets expunged, it will not show up on most criminal background checks. Even if an employer does find out about your DUI, they can no longer hold it against you. Unlike a regular criminal conviction, an expunged conviction should not affect:
- Employment
- Professional licensing
- College admission
That does not mean your DUI is invisible, but it does become a non-issue. For example:
- Your arrest may still appear in some records. However, federal law prohibits the reporting of arrests after seven years, so they will eventually disappear from the report. It’s illegal for employers to consider arrests that didn’t result in convictions.
- Sometimes, a criminal check will show an expunged conviction. It’s illegal for employers to discriminate based on an expunged conviction.
- Employers cannot even ask you about expunged convictions or arrests that didn’t lead to convictions.
The expunging process is best done with a DUI lawyer to help you. An attorney can explain how to get a DUI expunged in California and how much it costs to expunge a DUI.
They will also prepare your expunge request so that it is less likely to be challenged, and if it does get challenged, they will fight it out with the prosecution for you.
The Limits of Expunging
As noted above, expunging your DUI does not completely remove it from criminal background checks. There are some additional limits to the power of expunging a DUI in California:
- It will not help you reinstate a suspended driver’s license under California Penal Code (CPC) §1203.4.
- It will not restore rights to own a gun stripped as part of a felony proceeding.
- It does not remove the “points” a DUI puts on your license.
The DUI will still count against you as a past offense if you get another DUI within ten years. Even with these limits, expunging your DUI is a decisive step.
It can put you back on a level playing field with other candidates when applying for jobs and get your career and life back on track.
Eligibility for Expunging a DUI from Your Record
If you want to expunge a DUI from your record, you will need to fit these eligibility requirements:
- The successful completion of probation for your DUI offense.
- You did not serve time in state prison, OR you served time in state prison but would have served it in jail following Proposition 47.
Virtually all DUI convictions will meet these requirements. However, it does not mean there is no hope if your case does not. You should contact an attorney today to discuss all the legal options for your case.
Get More Information About DUIs and Background Checks
Will a DUI show up on a criminal background check in California? Yes, potential employers, landlords, and other individuals may see a DUI conviction on your background check as a matter of public record. A Los Angeles DUI lawyer can help you keep a DUI off your record.
You can take immediate steps to defend against a conviction with a criminal defense attorney. Find out more about your legal options by calling or completing our online contact form.
