How to Hide a DUI From Employers: When You Can or Can’t
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Having a DUI on your record can be daunting when applying for jobs, especially if you’re required to disclose it on an application. The best way to hide a DUI from employers is to take advantage of state laws that allow the sealing of records or expungement of certain charges and convictions.
In Nevada, for example, if you were charged but not convicted of a DUI, you can petition the court to seal your criminal record. This means that while the charge still exists, employers and other entities will not be able to see it during background checks.
In some cases, even convictions can be sealed. Under Nevada law, those who are convicted of a DUI can file a petition to seal their record seven years after the case ends for misdemeanor charges.
It is important to remember that an arrest or charge for a DUI is different from a conviction. Even if you are charged but not convicted, employers may still inquire about the incident and ask you to explain what happened.
If you’re worried about a DUI in your background, there are a few steps you can take which we’ll outline below. However, it is best to talk to an experienced DUI attorney to discuss your specific situation.
When You Can’t Hide a DUI
There are some situations where it may not be possible to hide a DUI. These situations are:
- When you need to drive a vehicle
- Company policy requires disclosure of criminal records
- You have a professional license
When You Need to Drive a Vehicle
One of the repercussions of a DUI is a suspension of license for a certain period. In this case, if your job requires you to drive and your license is suspended, you are not allowed to legally operate any vehicle. This means you’d have to disclose the DUI if you want to continue in this job.
Check Your Company Policy
Review your company policy as well to see if you’re obligated to disclose any criminal records (including DUI). No matter if you don’t drive for work, disclosing this information is still a requirement of the agreement you signed when joining your company.
In cases of job applications, you’d have to review the policy on background checks and criminal records as well. Different employers have different policies about what information is included in their background checks and how it is used during the hiring process.
For example, Uber or Lyft, generally have restrictions on who can drive for them based on their driving record. You may not be eligible to drive for certain ridesharing companies if you have a misdemeanor or felony DUI conviction in the past seven years.
You Have a Professional License
Most professional licenses have their own checks and regulations when it comes to criminal records. Depending on the nature of your professional license, you may be required to disclose any DUI charges or convictions. You will have to check with the relevant institutions for guidelines and regulations.
When You Can Hide a DUI
There are two ways you can hide a DUI from employers:
- You’re not legally obligated to share any criminal record
- Get your DUI records sealed
Not Obligated to Disclose
If you’re applying for a job and you don’t have any professional license or other legal obligations to disclose your DUI, then you’re not obligated to share this information.
This applies to your current job as well. If your company policy does not state anything about criminal records, then you can choose to not bring it up in conversation.
However, if the employer does perform a background check, it is possible that they may find out about your DUI charge or conviction.
Get Your Records Sealed
The last option, which is what we do recommend, is to get your records sealed if possible.
Once a record is sealed, only certain people and agencies will be able to access it. This includes government agencies and law enforcement. This means, however, that your potential employer will not see this in your background check anymore.
When you get your DUI conviction sealed, you can legally say that you don’t have any DUI in your record, even in court under oath.
DUI Record Sealing Process in Nevada
In Nevada, DUI convictions can result in only two outcomes:
- Misdemeanor DUI
- Felony DUI
If your conviction was a misdemeanor, you can file a petition to seal your record seven years after the case ends. Once sealed, it means that potential employers and other institutions won’t be able to access such information during background checks. This is the best way to make sure your DUI stays hidden from potential employers.
It’s important to note that not all DUI cases are eligible to be sealed. Felony DUI convictions, on the other hand, stay on your records forever. You should always talk to an experienced attorney who can help you understand the process and your options.
Lastly, if you were charged but not convicted of a DUI, you can petition the court to seal your record right away.
Remember That Charges or Arrests Are Different from a Conviction
In some cases, employers may ask about past criminal history when you’re applying for a job. It’s important to keep in mind that an arrest or charge is different from a conviction.
For example, more and more job applications ask a question in their job application similar to this:
Have been convicted of a crime?
If you haven’t been convicted or the case is still pending, then your answer should be “No”.
This is true if your DUI record has also been sealed.
Facing DUI Charges? Hire The Defenders
If you or anyone you know is facing DUI charges, The Defenders are here to help. Our experienced attorneys will help you understand the process and your options in order to get the best outcome for your case.
As you have read, a DUI conviction can have serious implications for your future. That’s why it is important to take the necessary steps to protect yourself and your rights.
- Will aggressively put in all efforts to get the penalties lowered.
- Can help you achieve fair settlements or plea deals.
- Can protect you from the prosecution.
- Can examine the evidence better than you.
- Will fight for your rights to help keep your criminal history clean.
The Defenders is a criminal defense law firm whose lawyers defend clients arrested or charged with DUIs, felonies, misdemeanors, domestic violence, sex crimes, murder, drug possession, white collar crimes and more than a dozen other criminal case categories.
Frequently Asked Questions
Is it possible to hide a DUI from my employer?
Yes, it is possible to hide a DUI from employers if you are not legally obligated to share this information and the employer does not perform a background check. In addition, you can petition to have your misdemeanor DUI records sealed in Nevada seven years after the case ends. However, felony DUIs cannot be sealed and will remain on your record forever. It’s important to talk to an experienced attorney who can help you understand the process and your options.
What are the consequences of not disclosing a DUI conviction to an employer?
If you choose not to disclose a DUI conviction to an employer and it is discovered during the background check, you could be subject to disciplinary action or even termination. Furthermore, if you are asked in your job application about any past criminal convictions and choose not to answer truthfully, this could lead to negative consequences such as loss of trust which could eventually lead to a dismissal.
What happens if I have a professional license and a DUI on my record?
The consequences of having a DUI conviction vary depending on the profession. Your professional licensing board will be able to provide you with more information about the particular requirements for maintaining your license in light of a DUI conviction. However, it’s important to note that some professions have strict policies for DUI convictions (and other criminal charges) and you could face suspension or revocation of your professional license if the crime is discovered. Again, make sure to consult with a lawyer who can help you understand the process and your options.
How long does it take for misdemeanor DUIs to be sealed in Nevada?
Misdemeanor DUIs can be sealed in Nevada seven years after the case ends. However, you must first petition the court to have your record sealed and the process could take some time. Therefore, it’s important to consult with an experienced attorney who can help you understand the process and your options.
Can felony DUIs be sealed in Nevada?
No, unfortunately, felony DUIs cannot be sealed in Nevada and will remain on your record forever. It’s important to consult with a lawyer who can help you understand the process and your options.
When do I need to disclose my DUI during job applications or interviews?
In most cases, you are not obligated to disclose a DUI conviction on your job application unless the prospective employer specifically asks about it. However, if asked during the interview process, you should always be truthful and provide accurate information.