Do You Need to Disclose Your DUI Arrest or Conviction When Applying for a Job?

 

Getting a job is always challenging, but when you add a DUI into the mix it can become even more difficult. Most employers today include a question on their application forms which ask one of the following questions:

 

• Have you previously been convicted on any felony charges?
• Have you been convicted on any legal charges?
• Have you ever been arrested on any legal charges?

 

The questions are similar, but dramatically different in how you will be required to answer about your DUI. Let us take a look at each question individually.

 

Have you previously been convicted on any felony charges?

 

This question may give you the most leeway on not disclosing your DUI arrest. If your charges were only a misdemeanor, or were handled through a diversion program, you can correctly answer NO. You still need to be aware your DUI arrest or conviction may show up on a background check done by the prospective employer. Be prepared to answer questions concerning your DUI if asked.

 

Have you been convicted on any legal charges?

 

If you were convicted on your DUI case then you must answer YES. If your charges are still pending or were dismissed you can answer NO. Once again, it is important to keep in mind the employer may discover the information anyway.

 

Have you ever been arrested on any legal charges?

 

This one closes all loopholes for you to answer NO. Even if you were arrested and all charges were subsequently dismissed you must still answer YES. Your arrest for DUI charges will remain in your legal records and will be found during a background check.

 

In all of these cases if there is an area for an explanation fill it out very carefully. Explain the exact details of your case and what has transpired since. Make specific references to any rehabilitation programs and length of sobriety since your DUI charges, if applicable.

 

Mandatory Reporting Requirements

 

Many job opportunities leave no uncertainty about your requirement to report your DUI arrest or conviction. Careers in the Federal government and most states require you disclose any DUI’s in your record.

 

Other career areas which will require disclosure of all DUI events in most states include:

 

• Truck Drivers
• Mass Transit Drivers (Includes buses, trains, and ferries.)
• Pilots
• Law Enforcement Careers
• Doctors
• Nurses
• Child Care Workers
• Health Care Providers
• School Teachers

 

You should always fully disclose the details of your case. Attempting to avoid reporting your DUI when the application process clearly requests the information will result in your application being rejected when the background check discovers otherwise. Even if you managed to secure the job, once the DUI was discovered you could be immediately terminated for falsely reporting your status on your application.

 

If you have questions about requirements on disclosure in your state it is best to speak to a DUI attorney. They can inform you of local regulations and requirements and opportunities to have your DUI expunged from your record.