Even after serving possible jail time and fines for a DWI, you can find it difficult to find a job having a conviction on your record, especially if you have a commercial driver's license or if you are required to drive as a part of your job.
Employers have the right to conduct background checks on current or potential employees which can expose a DUI charge or conviction.
All states including Texas are subject to the provisions of the Fair Credit Reporting Act (FCRA) which applies to background checks. Although the FCRA keeps criminal arrests after seven years from being reported, convictions may be reported indefinitely. These reports only apply to jobs which offer yearly salaries of $75,000 or less.
Federal statute on the other hand prohibits employers from barring the hiring of those with convictions unless they can prove a compelling business reason for doing so. Texas, however, does not have requirements obligating employers to prove the relevance of a conviction for a job.
Various forms of information are included in a background check such as driving records, vehicle registration, criminal records, court records, character references, neighbor interviews, and incarceration records. If employers ask you about a DUI arrest, it is always best to be honest since employers can sometimes overlook a DUI but react harshly to being lied to.
Even if you have a DUI conviction on your record, you may be able to expunge your record which would seal your record of an arrest or conviction. This usually amounts to being able to hide a conviction from most people including a background check and with an expungement you would legally be allowed to state that you have never been convicted of a criminal offense.
For skilled legal counsel and help with a DUI or the expungement process, speak with a Dallas criminal defense attorney from Mathur Law Offices, P.C.