Does A DUI Show Up During A Background Check?
By : saulcrim | Category : DUI, Expungement Law, Sealing and Expunging | Comments Off on Does A DUI Show Up During A Background Check?
27th Oct 2021
In today’s job market you need all the help you can get to secure a great new job. To compete against other qualified candidates, you don’t want to have any black marks on your record that could be red flags for an employer.
Will a DUI show up on a background check? Let’s find out.
A DUI conviction will show up on a criminal background check. If it has not been expunged or sealed so this means employers, landlords, etc. may learn about it.
DUI convictions that have been expunged or sealed should not show up in a background check in the first place. However, many times they do and in some cases the applicant will need to provide a letter stating that they were never convicted of a crime to get past it.
A more comprehensive background check
The most comprehensive kind of background check is one that involves gathering fingerprints. This type of background check is used by police, state licensing agencies, some employers, and some landlords.
Not everyone is required to conduct criminal background checks, but if this type of check is part of your job requirements, you might be asked to submit fingerprints for a fingerprint-based criminal background check.
These background checks will usually show anything that is available to them. They will give you access to information on someone’s criminal history, but if they have anything expunged or pardoned it will be listed as such so you can rest assured.
Eligibility to expunge a conviction
Expunging a conviction is the process by which a person can petition for the sealing or erasure of their criminal record. This can eliminate the consequences of having a criminal record and is often used to get your driver’s license back.
The consequences of having a criminal record can be severe and long-lasting, with the potential to affect everything from employment prospects to housing eligibility. Expungement can help people get back on their feet and move on with their lives.
Expungement is not available in all cases and is not always an easy process. State laws vary dramatically when it comes to the issue, and some states do not allow expungement at all.
In states where expungement is possible, it is generally only available in misdemeanor cases. Felony convictions are almost never eligible for expungement, although there are exceptions in certain states.
Ensuring criminal record is clean after expungement
To ensure that a conviction is not still on a criminal record, it is important to request a copy from the court in which they were originally convicted. Also, ask if the records are available from the Department of Justice or Attorney General’s Office in the state where the person was convicted. The individual does have to pay a fee for a copy of a criminal record in most instances. If it is a felony DUI, the FBI has a record on this offense as well.
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