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Background checks can contain DUI arrests and convictions

Being arrested for drunk driving might seem like an inconvenience; however, when you find out some of the ways that it can affect your life, you might not think of it as simply an inconvenience. Many people know that a DUI arrest can lead to a conviction that comes with possible fines, incarceration and drivers’ license suspensions. That isn’t where the effects stop.

A person with a drunk driving arrest will have that arrest on their criminal background check for up to 7 years. If you are convicted on the charge, that conviction can remain on your criminal background check forever. The presence of an arrest or conviction on your record can be problematic if a potential employer does a background check.

When it comes to an employer barring you from employment because of the results of a background check, there is a very important point to consider. Title VII of the Civil Rights Act of 1964 has been used as the basis for some federal courts to rule that the results of a background check can’t be used to bar employment unless the company can provide a compelling reason as to why they should be allowed to bar employment.

That isn’t to say that the federal ruling means that employers can’t consider your criminal background. In fact, some states do allow employers to conduct background checks as a condition of employment.

If you are facing a drunk driving charge, you should consider all the ways that the arrest and a possible conviction might affect your life. This might help you to decide exactly how you want to plan your defense.

Source: FindLaw, “DUI and Employment Background Checks,” accessed Jan. 25, 2016

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