A DWI charge or conviction can adversely affect one’s career, especially if they hold a CDL (commercial driver’s license). Employers do background checks on potential and current employees for multiple reasons, and some of those are more legitimate than others. Depending on the checking process, past DWI convictions can be uncovered and work against the potential employee.
Federal Background Checking Laws
All jurisdictions are subject to the FCRA (Fair Credit Reporting Act), which governs background checks done by third parties. While FCRA rules prevent the reporting of arrests older than seven years, convictions including DWIs can be listed indefinitely. However, courts have ruled that Title VII bars employers from rejecting convicted individuals for no reason. Interpretations of Title VII conflict with state law, and it can be difficult for a DWI lawyer in Rockwall, TX, to prove that their application was denied because of a DWI on its record.
State Laws on Background Checks
Most jurisdictions allow employers to deny work to anyone with a criminal record, and some allow companies to refuse those who have merely been arrested. While some areas require companies to prove that a rejection’s reason is relevant to the job, others offer rehabilitation certificates to help applicants remove some employment barriers.
Conducting Background Checks
Over 20 kinds of information can be included in official background checks, including vehicle registrations, driving and criminal records, character references, interviews and incarceration records. While some information is easily obtained, questioning on a job application is limited to a person’s felony record in most cases. As a rule, it’s best to be honest. While some companies may overlook a past DWI, lying usually disqualifies the applicant from further consideration.
Expunging a DWI Record
While it may not always be an option, and it depends on state law, a DWI offender may be able to expunge their record. This process legally seals one’s arrest record. Most jurisdictions limit it to arrests not resulting in a conviction. While the charges aren’t erased, they’re sealed for purposes such as pre-employment background checks. If a person has specific questions, they should visit the website of the Law Offices of Tim Hartley to speak to a DWI lawyer in Rockwall, TX. An attorney can tell the client whether their arrest will affect their chances of gaining employment.
