A misdemeanor DUI can significantly affect employment and make it harder for you to find a job. A drunk driving conviction will show up on employer background checks and may result in termination from your current position. A DUI won’t disqualify you from all employment, but it can make you ineligible for positions that require driving or high levels of trust or security clearance.
DUIs can’t be expunged or vacated in Washington state, meaning a conviction will stay on your record forever. So if you’ve been arrested for drunk driving, you need skilled Tacoma DUI lawyers to defend you against the charges. Your career and future job prospects may depend on it.
How a Misdemeanor DUI Can Impact Your Job
Whether or not a misdemeanor DUI affects your employment depends on the nature of the job and the severity of the offense. It also depends on the company’s policies surrounding hiring or firing employees with criminal convictions.
The most obvious example is in industries that require driving, like trucking or transportation services. Companies may have policies against hiring drivers with past DUI convictions because of the additional risk. A history of DUI convictions may also result in a permanent revocation of your commercial driver’s license (CDL), which is necessary for positions like commercial truck driving.
More generally, the immediate legal consequences of a DUI can make it more difficult to maintain employment. Your employer can terminate you if you are incarcerated and can’t perform job duties or don’t have reliable transportation to work due to a suspended license. You may also be passed over for positions that require high trust or security clearance, like law enforcement or childcare.
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Can an Employer Refuse to Hire Me Because of a DUI Conviction?
Most companies in Washington will run a background check during hiring, so any employer you apply to will most likely know about your criminal history. Employers legally must get permission before running a background check, but refusing will likely impact position eligibility.
Generally speaking, employers cannot refuse to hire someone solely based on their criminal history. However, that doesn’t mean they can’t consider convictions when judging a candidate’s fit for a specific position. An employer might claim that a DUI conviction demonstrates a lack of judgment and responsibility, and use that as justification to deny you the position. Factors that determine whether a misdemeanor DUI will affect employment include:
- Severity of the offense. An employer can consider whether the crime was a first-time or repeat offense or whether it was an aggravated DUI.
- Age of the conviction. Employers might be more willing to overlook a misdemeanor DUI conviction if it’s from several years ago.
- Remediation efforts. The applicant’s efforts post-conviction (e.g., attending remediation programs) can impact hiring decisions.
- State laws. State laws may prohibit people with DUI convictions from holding specific positions. For instance, individuals with DUI convictions in Washington cannot be employed as school bus drivers.
Employers cannot ask about an applicant’s criminal history until after they have determined they are qualified for the position. Although you are not legally required to disclose a DUI to employers, it’s important to be honest and transparent when applying for jobs.
How Long Does a DUI Stay On a Background Check?
RCW 9.96.060 specifically prohibits DUI convictions in Washington from being expunged, vacated, or sealed, so they will stay on your record indefinitely. That doesn’t mean they will show up forever on employer background checks, though.
Most third-party employer background checks only look at the past seven to ten years, so if your DUI conviction was from before then, it may not appear in the checked timeframe. Even still, it helps to be proactive when dealing with employers to address negative perceptions.
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Why Your Legal Defense Matters in DUI Cases
A misdemeanor DUI will affect employment only if you receive a conviction. If you are currently facing charges, you still have a chance to defend yourself and avoid the employment difficulties a conviction can create. This puts the focus on creating a robust defense that can insulate you from the charges.
Additionally, an attorney can negotiate with the prosecution to secure lesser penalties that may help you maintain employment. For example, a lawyer could make a deal for probation instead of a prison sentence, preventing you from missing work due to incarceration.
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NextLaw Can Protect Your Career Prospects After a DUI
A misdemeanor DUI can affect employment and impact your career trajectory, but there are options to protect your interests and future prospects. Our team can provide a strong DUI defense and work to minimize the chances of a criminal conviction. We can also request an administrative hearing to challenge your license suspension and preserve your driving privileges.
We take a comprehensive approach to DUI cases and will cover all your bases. Call Dan Next to speak to our Tacoma DUI lawyers about your case.
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