Does a DUI Show Up on a Background Check?
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Donald had been searching for months for a job he wanted, but no matter how hard he tried his efforts were consistently coming up short. He kept getting offers that were far below what he expected – or no offers at all.
Why was it so challenging for Donald to find work despite having the qualifications and experience?
Donald sighed in frustration – it was four years ago when he had made a bad decision while out with friends and gotten caught driving under the influence of alcohol. He felt ashamed and embarrassed that this mistake from his past was still impacting him today, even after all that time.
So, does a DUI show up on a background check?
Yes, a DUI can show up on a background check.
Types of Background Checks and What Information Shows Up
Background checks can include information about past convictions and pending charges, as well as addresses, credit history, and employment records. DUIs fall under the criminal history portion of a background check and can be revealed to employers, landlords, and other entities that run a background check.
Depending on the scope and source, some or all the following information may show up.
You can learn more about how you can hide a DUI from your current or potential employer.
Credit History Check
Most people are familiar with this especially if they have applied for a credit card, purchased a home, or a car. This information is also available through credit bureaus like Experian, Equifax and TransUnion. A credit history check looks at a person’s past financial behavior such as their payment history, delinquent accounts, bankruptcies, judgments and liens.
A search for relevant information about an individual’s professional background including employment records, previous employers, salary histories and job titles.
Criminal History Check
A search for any criminal convictions or arrests in an individual’s past. Some information that shows up are convictions, arrests, pending charges, civil litigations and other relevant information. This includes sex offender status as well as any DUI-related offenses.
Additionally, DUIs are public information, so they may show up even if the conducting party does not specifically search for them. Ultimately, it depends on what type of background check is being performed.
Record Sealing of DUI Convictions
Record sealing of DUI convictions is a process by which an individual can have their DUI charges removed from public records and sealed. This means that the information about it will be hidden from view, so employers won’t see it when conducting background checks.
Once a record has been sealed, you are legally allowed to answer “no” when asked if you have a criminal record.
In order to be eligible for record sealing, an individual must either complete their DUI sentence or receive a deferred judgment. It is also important to note that there are different criteria and laws for criminal convictions, including DUI. That’s why it is important to consult with a DUI attorney to understand the specifics of your case.
Sealing a Simple DUI Offense
A simple DUI offense carries a misdemeanor charge. In Nevada, misdemeanors can generally be sealed a year after the case ends. However, the waiting period for a misdemeanor DUI is 7 years.
Sealing a Felony DUI Offense
While some felony offenses can be sealed, felony DUI convictions are not eligible for record sealing. This means this charge stays on your background checks forever.
DUI Affecting Your Life?
Donald’s situation is not unique. Many people struggle with the consequences of a DUI for years after the incident has taken place, making it difficult to find employment, housing, or even obtain credit cards and loans.
If you are dealing with similar circumstances as Donald, an experienced DUI attorney can help you understand your rights, legal options and how to best move forward. Don’t let a DUI define your future— reach out for help today, and put yourself on the path to freedom.
The Defenders can assist you with DUI and other criminal defense matters. Our experienced attorneys have a deep knowledge of the law to get your case dismissed or reduced. Contact us today for a free consultation to discuss your case.
Frequently Asked Questions
Are background checks legal in Nevada?
Yes, background checks are legal in Nevada. However, employers must abide by certain rules and laws like the Fair Credit Reporting Act (FCRA) to ensure they do not discriminate against any employees based on their credit or background information.
What sources do background checks pull from?
Background checks can pull information from multiple sources such as criminal records searches, employment history, credit reports, and more. This includes information from the FBI, DMV, sex offender registries, county jails, municipal court records, and many more.
What information shows up on background checks?
Background checks can reveal a variety of information about an individual including their criminal history, education, employment history, and more.
Do sealed records show up on background checks?
In most cases, sealed records will not show up on background checks. However, it is important to note that some employers may still be able to obtain this information if they specifically search for it. It ultimately depends on what type of background check is being performed.