Can a DUI Record Show Up in an Employer Background Check?

In today’s digital world, a criminal record is easily revealed and rarely remains hidden. If you are arrested for driving under the influence (DU) in Arizona, will the conviction show up in a background check? The answer is probably, “yes.”

Background checks are an important part of due diligence for employers. For public and private employers, job screening identifies skills, experience, and sometimes, a criminal conviction. It is the responsibility of each employer to ensure they have the best candidate and to screen out individuals with behaviors that could be damaging or dangerous on the job.

If you are pulled over and arrested for DUI, it is critical that you speak with an experienced DUI defense attorney. While it may seem easier to enter a guilty plea and be done with it, that plea means you have a criminal record.

Even a misdemeanor DUI conviction means a lifetime criminal record that must be reported every time you apply for a job, housing, a rental car, or educational and other opportunities. If you have children, and volunteer in their school district, the chances are good that you must fill out an application to volunteer that requires you to mention your conviction.

In recent years, a “Ban the Box” movement has gained steam in the United States. The initiative encourages states to adopt fair hiring policies for those with criminal records. This usually takes the form of eliminating the box on a job application that asks whether you have a criminal record. While removing the box gives those with criminal records a better chance at a job, the criminal record will still be identified later in the recruiting cycle if the applicant becomes a finalist for the job.

What about employer background checks in Arizona?

In November, 2017, Governor Ducey issued an executive order directing state agencies who are hiring to delay asking about criminal records until later in the hiring process. The Governor noted that 1.5 million Arizona adult have criminal records.

Some public agencies in Arizona cities like Phoenix, Tempe, and Tucson have already removed the criminal record box from their initial employment applications. That said, even with Ban the Box initiatives, the presence of a criminal record is still revealed if the applicant makes it to the final hiring round.

In Arizona, there are also federal limitations on the information that employers can request in background searches. Plus, they cannot conduct a search without your consent. While third-party investigators will likely find a criminal record, your potential employer cannot provide the information to anyone else.

Can a criminal record be hidden in Arizona?

In Arizona you can apply to set aside misdemeanor and some felony convictions. A set aside does not expunge your record, but releases you from guilt and further consequences of the conviction.

In Arizona, the chances are good that a conviction for DUI will eventually be revealed during the process of applying for employment. If you are arrested for DUI, talk to an experienced criminal defense attorney to identify options to avoid conviction. If you are convicted, talk to your attorney about what you can do to eventually set aside the conviction and ease your path forward.

Our skilled DUI defense attorneys can help when you are arrested in Arizona

Serving Phoenix and surrounding areas, Blackwell Law Office, PLLC has more than ten years of successful experience fighting for the rights of individuals accused of DUI and other criminal acts. If you are arrested, call us today at (480) 227-4984 or contact us to schedule a free consultation to discuss your case.