Published: 09/20/2024By: Megan Francis
DUIs are serious charges in most states, and you can expect a DUI to either be a misdemeanor or a felony, depending on the circumstances surrounding the alleged charge. If you are convicted of DUI, this information may end up on your background check report, further impacting your future.
It can be difficult to deal with a DUI charge on your record, and you may be wondering how long a DUI stays on your background check, plus if there is anything you can do to remove a DUI from your report.
Our article tells you more about DUI charges and how long a DUI stays on your background check, among other important DUI and background check information.
What Is a DUI Charge?
Driving under the influence, commonly called DUI or a DWI (some states refer to this crime as driving while intoxicated), is a criminal offense. Depending on the state, laws may classify a DUI as a petty offense, a misdemeanor, or a felony. Other factors determine how your DUI is penalized, such as being arrested for a DUI while a minor child is in the car or causing a fatal accident while driving under the influence.
The majority of individuals who have been arrested for a DUI must contact a lawyer in their state to understand their rights and their next steps for dealing with a DUI charge.
Do DUIs End Up on Background Checks?
Once criminal proceedings for a DUI have been concluded and the alleged offender is convicted of a DUI, this offense can end up on the person’s record. Law enforcement officers need to access this information, and background check reports may also show that a person has been convicted of a DUI.
In general, most states consider DUI charges to be important for public knowledge and, therefore, ensure they are available on public record. Any DUI charge you receive, whether or not you are convicted, may end up on your background check report, and you may need to contact a reporting agency to remove charges without convictions from your record.
Can I Keep a DUI Off a Background Check?
For the most part, it is not possible to keep a DUI charge off of a background check report. The exception to this is if you are not convicted; depending on state laws, you may be able to request that arrest records or charges without convictions are not included on your personal background record.
How Long Will a DUI Be Visible On a Background Check?
DUIs tend to stay on background checks for a long time, and if you do receive a DUI charge, it will likely be on your background check forever. Some states allow misdemeanor DUI charges to be left off of your record, but felony DUIs are almost always going to stay on your record permanently.
You will need to double-check with the laws in your state to understand when a DUI might be added to your record and specific laws on how long the DUI will be visible.
Can I Get My DUI Removed From a Background Check?
In some cases, you may be able to remove a DUI from your background check report, though this does depend heavily on the DUI charge, state laws, and your age at the time of the DUI conviction. You will most likely need to speak with a lawyer skilled in DUI defense and record sealing to understand if you are eligible for this option.
The two main options in most states that remove DUIs from background check reports include the following.
Expungement
Expungement is when part of your criminal record is officially erased, meaning it will be destroyed. When a DUI charge is expunged from your record, it will no longer be a part of your record, and neither the public nor law enforcement will be able to see that you ever received a DUI. However, the requirements for expungement can be strict, and you will need to meet certain qualifications to be eligible for this process.
Record Sealing
Record sealing is similar to expungement in that the public will not be able to see the DUIs on your record if that part of your record is sealed. Some individuals who do not qualify for expungement may qualify for record sealing, though whether you are eligible or not depends on the nature of your DUI and other factors, like your age.
Only law enforcement and certain court officials may be able to access your record once it is sealed, depending on specific state laws.
Will a DUI Stop Me From Getting Jobs?
A DUI can potentially stop you from obtaining a job, especially if you are applying for jobs that work with heavy machinery or involve vehicle operations. It is imperative that the employers of these jobs hold safety to a high standard, and a history of DUI charges can easily disqualify you.
That being said, if a DUI charge on your record is old, it occurred when you were a juvenile, or you have a strong history of recovery programs and other reformative steps, you may still be able to obtain a job with a DUI.
If you have concerns about your employment aspects, you should review the hiring details of any company you apply to, ensuring you meet basic requirements.
How Do I Look at My Background Check Report?
Reviewing your own background check report is a great way to understand what a potential employer or another person might see, allowing you to properly prepare for a background check. You may need to elaborate on certain items of your report or make sure that the information listed on your background check report is correct.
To perform a background check on yourself, simply use an online background check website that offers you insight into your own report, or use a local service that pulls background report information for you. The service you use to review your own background check report depends on how in-depth you need your report to be – online searches will give you a basic overview, while local or government services will give you a very in-depth look at your report.
To look into your own background, consider using our quality reverse search tools here on USPeopleSearch.com.
Where Do I Learn More About DUI Disclosure?
Every state has different laws about DUIs on background check reports, and it is important to be informed of how your state may treat DUIs and their disclosure on your report. To learn more about this, you can visit your state’s Secretary of State website, or you can use your favorite internet browser to research state-specific laws that may be applicable.
Keeping Your Background Check Record DUI-Free
DUIs can severely impact your background check record and affect your future. Your ability to obtain jobs or qualify for other opportunities can be impacted by a DUI, and you may not be able to remove your DUI charge from your background check report.
It’s important to understand your state’s laws regarding the disclosure of DUIs and to speak with a lawyer about the possibility of removing a DUI from your record to keep your background check report DUI-free.
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