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Can your DUI arrest affect your job application process?

If you have been arrested and/or convicted of drunk driving, you may be wondering what kinds of consequences you might face beyond those imposed by a judge. You may be concerned about your family’s reaction and you may be worried about how outsiders may perceive your alleged behavior. Specifically, you may be wondering if your DUI charges will affect your ability to get a job at any point in the future.

If you have been arrested on suspicion of driving under the influence but have not been convicted of a DUI, you only need to include this information on a job application under specific circumstances. If a prospective employer specifically asks you if you have ever been arrested, then you may need to disclose this information. However, you need not discuss your arrest if a job application only asks if you have ever been convicted of a crime.

You are more likely to be affected by a DUI conviction during a job application process than you are an arrest that does not ultimately end in conviction. If you have been convicted of a DUI, you will need to relay that information if a prospective employer asks if you have been convicted of a crime. This procedure applies whether you were found guilty or pleaded no contest to a DUI charge.

Failure to provide information about an arrest or conviction when directly asked on a job application could be considered fraud. However, if your conviction has been expunged, you may leave your conviction off a job application. In addition, you may leave off information about a misdemeanor DUI conviction if an application asks specifically about felony convictions.

Source: Findlaw Blotter, “Do You Have to Disclose DUI Arrests, Convictions on Job Applications?” Brett Snider, June 26, 2014