A DUI record, be it a felony or misdemeanor, is one of the most common things that show up on background checks. Be it employee or tenant background checks, keeping track of this information is vital for the employer or landlords. Why? Gives you a clearer judgement of the character of the type of person you are about to onboard. Finding a DUI record is not the only factor in employment/tenancy. But getting this record can help you make a conscious decision.
When the DUI record surfaces, it is important that the prospective tenant/employee is honest about it. You can also conduct further studies on the level of DUI. No, a conviction/felony or misdemeanor record does not disqualify a person automatically. But if they are found to be covering up the record, or lying about it, then you can surely decide otherwise.
Using the right background check service provider can simplify this process for your company. Getting a background check is vital regardless of who you are, a landlord or an employer. Before you onboard any new members, you should always be aware of their history.
Types of DUIs
When DUI records show up in background checks, you also need to remember that there are two broad categories under it. DUI can come under a felony or misdemeanor, depending on the specific American state or region.
The general rule is that the first DUI record is regarded as a misdemeanor. After the second incident, it can be recorded under felony charges. But depending on the severity level and state-specific laws, these charges can change. If the DUI case is serious, like driving with a child or cases of death or injury, then the charges are severe.
The conviction varies depending on the severity of the charges and crime type. It also depends on the state. Like in California, after the third DUI charge, the misdemeanor automatically becomes a felony. But whatever the type of charges or conviction, it is all set to show up on people’s criminal background checks.
Comprehensive background checks
What are comprehensive background checks? The ones that go deep into the background history of people. This can include a finger-print based background check. But this type of background check is totally at the company’s discretion. It also depends on the level of security and clean employee records the companies are looking for.
Working with someone with a DUI record
Yes, in the US, companies have the legal right to reject someone with a DUI record. Even if someone is not convicted, but it was only a misdemeanor, these records can still impact your job prospect. But America has recently started a campaign called “Ban The Box,” which tries to provide a fair job opportunity to convicts. The main purpose is to give ex-convicts a fair chance to display their skills/qualifications. After they cross the initial job screening, employers can ask for their criminal records.
DUI and employment and tenant background checks: FAQs
Do you still have some impending questions about DUI showing up in background checks? Here are some answers to some of the most frequently asked questions. These can help clear your doubts a little further. Check them out below.
Can a DUI show up in a background check if not convicted?
Yes, a DUI record can show up in a background check even if not convicted. The record will also state that it is categorized as a misdemeanor, not a conviction. But these records can show up only if an in-depth, comprehensive background check is conducted. These background checks are mostly done for banking, teaching and other security-sensitive fields.
How long does a DUI stay in one’s background records?
A DUI record can stay in one’s criminal history and records forever. But depending on long ago the incident occurred, the records might not be revealed. Depending on the state, the records can be sealed or even expunged after a certain period of time. But deep searches like FBI or level 2 checks can still reveal these records.
Can you pass a background check with a DUI record?
Passing a background check with a DUI record is not a linear process. The record will show up when your landlord/employer runs a comprehensive test. But depending on whether it’s a misdemeanor or felony and the level of charges will add more details. The ultimate decision about going forward is completely at the employer’s/landlords discretion.
Whatever the type of DUI record, it can be an influencing factor. Be it for tenants or employees, it is better to know about the records than take an unaware decision.