Employment or Employers Can See My DUI Case or Pending Cases

The possibility of employers discovering a DUI or other pending criminal cases is a concern for many individuals navigating the legal system. Whether you’re applying for a new job or maintaining your current employment, the visibility of your legal history can impact your career prospects. Understanding how employers access this information and what rights you have is crucial.

How Employers Can Discover a DUI or Pending Case

Employers generally obtain information about criminal cases through background checks. Here are the common ways they can discover a DUI or other pending cases:

  1. Public Records
    • DUI cases and other criminal records are often part of the public record. Depending on state laws, these records may be accessible online or through local courthouses.
  2. Background Checks
    • Employers frequently use third-party services to conduct background checks on potential or current employees. These checks may reveal:
      • Arrest records
      • Pending cases
      • Convictions
  3. Driving Records
    • If the job involves driving, employers may check driving records, which often include DUIs and related offenses.
  4. Social Media and Online Searches
    • Some employers may search for your name online or scrutinize your social media profiles, where legal issues might inadvertently be mentioned or disclosed.

Laws Governing Background Checks

Federal and state laws regulate how employers conduct background checks and use the information. Two primary legal frameworks include:

  1. The Fair Credit Reporting Act (FCRA)
    • The FCRA sets guidelines for third-party background checks, requiring employers to:
      • Obtain your written consent before conducting a background check.
      • Notify you if adverse action is taken based on the findings.
  2. State-Specific Laws
    • Some states limit the type of information that can be reported, such as:
      • Arrests that did not lead to convictions
      • Cases older than a certain number of years

Factors That Affect Employer Decisions

Whether a DUI or pending case affects your employment often depends on the following factors:

  1. Nature of the Job
    • Positions involving driving, childcare, or public trust may have stricter policies regarding DUIs or criminal records.
  2. Type of Offense
    • Non-violent offenses like DUIs may be viewed less critically than violent or theft-related crimes.
  3. Company Policies
    • Some companies have strict hiring policies that disqualify candidates with certain types of legal histories.
  4. Timing
    • Employers may consider the recency of the offense. Older cases may carry less weight than recent or ongoing legal issues.

Your Rights When Facing Background Checks

Understanding your rights can help you navigate employment challenges:

  1. Disclosure Requirements
    • In some jurisdictions, you may not be required to disclose arrests or charges that did not lead to a conviction.
  2. Expungement or Sealing Records
    • If eligible, you can petition the court to seal or expunge certain records, making them inaccessible to employers.
  3. Challenging Inaccurate Reports
    • Under the FCRA, you have the right to dispute incorrect or outdated information on your background report.

Strategies for Managing Employment Concerns

If you have a DUI or pending case, consider these strategies to mitigate its impact:

  1. Be Honest
    • If asked directly about your criminal history, provide truthful and concise answers. Transparency can build trust.
  2. Focus on Rehabilitation
    • Highlight any steps you’ve taken to address the issue, such as attending DUI education programs or substance abuse counseling.
  3. Seek Legal Assistance
    • An experienced attorney can help you explore options like record sealing, expungement, or plea agreements to minimize long-term consequences.
  4. Tailor Your Job Search
    • Consider employers or industries that are more lenient regarding past legal issues.

The Role of Thomas & Ahnell, LLC

Navigating the legal and employment implications of a DUI or pending case can be overwhelming. At Thomas & Ahnell, LLC, we specialize in helping clients manage the legal challenges that arise from criminal cases. Our experienced attorneys can:

  • Assess Your Case: Evaluate the details of your case to identify potential solutions.
  • Guide Record Sealing or Expungement: Assist in making your records less accessible to employers.
  • Provide Employer Communication Support: Advise on how to address the matter with current or prospective employers.
  • Offer Comprehensive Legal Representation: Ensure your rights are protected throughout the legal process.


We understand how critical your career is to your future and are committed to helping you move forward with confidence. Contact us today to schedule a consultation and explore how we can assist you in managing the complexities of your DUI or pending case.

Do you have further questions or concerns? Call us or contact the attorneys at Thomas & Ahnell, LLC, and we will be happy to help.

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