DWI Arrest

DWI Background Check: Can an Employer Refuse to Hire Someone Based on a Previous DWI?

By September 4, 2018 No Comments
dwi background check

Did you know that the average drink driver has driven under the influence over 80 times before? That’s a crazy amount! So, the likelihood of eventually acquiring a DWI is pretty high.

If you’ve fallen foul to this, you’re probably wondering how this affects your employment prospects, starting with the legality of potential employers undertaking a DWI background check.

Let’s dive in!

There Are Federal Restrictions on Background Checks

Every state in America has to abide by the Fair Credit Reporting Act. However, this only applies to any background checks conducted by third parties, not those done in-house.

So, put simply, there’s every chance your future employer will be made aware of your DWI.

What Does The FCRA Prohibit?

The background check shouldn’t report your previous criminal arrests that are seven years old or longer.

This includes DWI’s.

However, this rule only applies if you’re going for a job with a salary of $75,000 or less.

What About State Laws?

It’s lawful in most states for employers to be able to refuse work if you have any kind of criminal record.

However, at least 14 states have made provisions that force employers to prove the relevance of the conviction. They need to show why the candidates priors make them inappropriate for the job.

States who enforce these sorts of regulations include:

  • Colorado
  • Florida
  • Kansas

Just to name a few!

What About Certificates of Rehabilitation?

If you have a DWI, then you might find you’re able to acquire a certificate of rehabilitation. If you can, this may remove a barrier or two for finding a job!

This scheme is currently running in California. You can file a proposal to set aside the verdict in the event you get a certificate of rehabilitation. Naturally, this makes finding a job way more accessible.

Running for Office?

If you’re running for office, and you’ve acquired a DUI within the past ten years, you’ll have to disclose this as part of your application (along with any other offenses you have on your record).

This is just another scenario where a background check into your criminal history would be acceptable.

Other Background Checks

Some jobs require an in-depth background check by law, especially for those wanting to work with vulnerable people. Say,

  • Children,
  • Seniors,
  • The disabled,

A DWI doesn’t necessarily mean you’re automatically barred from working with these people. However, it may negatively impact your employer’s decision.

Do You Now Know More About The DWI Background Check?

If you enjoyed this article about the extent employers are allowed to undertake a DWI background check, then you’ll love the other features published on our blog.

Over there we talk about everything from how to expunge a DWI conviction, to what happens if you have more than one DWI charge on your record. Enjoy!

Alternatively, if you have any questions about DWI’s, please feel free to reach out and contact us. Fill all your queries into our contact form, hit send, and we’ll get back to you as soon as possible. Speak soon!

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