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How a DUI Conviction Affects Employment?

A DUI/DWI conviction can result in a criminal record. This can affect your employment prospects.

When you apply for a job, the employer will conduct a background check on you before hiring you. Your background check will reveal your DUI/DWI conviction.

There is no law that prohibits employers from hiring persons with a DUI/DWI conviction on their record. However, most employers are reluctant to hire persons with a DUI/DWI conviction. Employers tend to look upon a DUI/DWI conviction as an indication of alcohol addiction. No employer would hire an employee to turn up for work completely intoxicated.

Civil Rights Act of 1964

Under the Civil Rights Act of 1964, employers cannot discriminate against an employee or applicant with a criminal record unless there is a compelling business reason to do so. However, this provision is in direct conflict with some state laws.

State laws

In most states an employer can refuse to employ an employee with a criminal conviction on his or her record. Arizona, Colorado, Connecticut, Florida, Kentucky, Louisiana, Minnesota, New Mexico, Pennsylvania and Washington have laws that require the employer to prove the relevance of the conviction to the employment when refusing to hire a person convicted of a criminal offense. However, this law is applicable only to government departments and not to private employers. Hawaii, Kansas, New York and Wisconsin are the only states that have similar laws for both government and private employers.

Certificate of Rehabilitation

In a few states those convicted of DUI/DWI can apply for and obtain a certificate of rehabilitation. Some employers will not use a DUI/DWI conviction against you if you provide a certificate of rehabilitation. In some states, the arrest does not count as a conviction for employment purposes.

Type of Job

Many state laws require background checks for certain job. While a conviction will not prevent you from being considered for a job, it will be an important factor when selecting the right candidate. Certain jobs require security clearance and people with a record often find it difficult to get a security clearance.

Expunging your DUI record

You can legally expunge your records. When you expunge a conviction from your record, it will not show up in your background check. The exact rules for eligibility for expungment vary from state to state.

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