If you have been charged with a DUI then one of the first things you may worry about is whether or not it will affect your future ability to get a job. The reality is that a DUI conviction is public record, which means that any employer who does a background check is likely to see it. Whether the DUI is charged as a felony or a misdemeanor, it is likely to affect your future job prospects.

There is good news: Not all companies or employers will automatically disqualify a person for a criminal background or DUI conviction. It is understandable that a company hiring drivers may be less likely to hire a person with a DUI conviction compared to a company hiring a retail clerk. The other good news is that there are some protections available to you in the state of California, including the right to file for expungement.

What the Ban-the-Box Law does and doesn’t do

In January, a law that’s often referred to as the ban-the-box law took effect in California. It makes it illegal for an employer to question a potential candidate about their criminal history until later in the application process. The law makes it illegal for an application to include the question that applicants have seen for year: “Have you ever been convicted of a felony?”

The purpose of the law was to encourage those hiring new employees to first look at how competent and qualified a person was instead of immediately assuming that their felony would prevent them from properly doing their job. This law does not apply to everyone, but it does apply to any employer – either public or private – that has at least five employees.

Persons with DUI convictions have other options

While the ban-the-box law can help a person get their foot in the door even if they have a felony, the employer will still find out about any pervious felonies if they run a background check. This is why many people may choose to pursue an expungement to get their record cleared. You may qualify if you were not imprisoned due to your DUI, you are not currently facing additional criminal charges, and you have served all penalties, including probation.

If you can say that you do indeed meet those criteria then your next move is to petition the court. If the expungement is successful, then an employee background check would no longer show your DUI charge or conviction and you can legally say that you have not been convicted.

The bad news is that the expungement process can be complicated. The good news is that there is help for you. Just reach out to Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. We know what forms to fill out, where they need to be filed, and how to respond to all questions and needs from the court. Make the process simply by calling us today!