Background checks can also be used to tell if you’ve been involved in a DUI. It’s no news that DUIs are serious offenses in Indianapolis. If you’re convicted, you’re looking at significant fines or jail time. That’s why it’s best to hire an Indianapolis DUI defense attorney immediately after an arrest. An excellent lawyer can help you beat a DUI charge. Conversely, they can get you off the toughest penalties.
However, these aren’t the only issues surrounding a DUI. Many DUI convicts often wonder whether their convictions will appear on their background checks. Indeed, these are legitimate concerns. A DUI record can significantly impact your employment and other chances. So, it’s best to always work with an Indiana DUI defense lawyer.
Can My DUI Show Up on Background Checks in Indiana?
Yes, anyone conducting a background check on you can see your DUI records. This is because a DUI conviction will stay on your criminal record. You can have this DUI record for five to ten years. Fortunately, this refers to convictions and not mere arrests. Therefore, you’ll be fine if you escape conviction. Finally, DUIs can show up on driving history and criminal background checks.
Will the DUI Affect My Employment Prospects?
Yes, a DUI record can influence a potential employer. Suppose you’re applying for a driving job. Maybe, you have to operate the company’s machinery. An employer will thus see you as a hiring risk for their business. Therefore, the chances are high that you wouldn’t land the job.
However, you can still get the job. This will be possible if the employer is kind enough to demand an explanation. If they see that you’ve learned from your mistakes, they can give you a chance.
But, suppose you’re applying for a desk job. Then, the effects of your DUI will be less. This will also be the case for other non-driving-related opportunities. Employers generally have to consider criminal histories related to the job.
Do These Background Checks Violate Your Rights?
The US Equal Employment Opportunity Commission (EEOC) states that an employer’s background checks may violate the Title VII of the Civil Rights Act of 1964. Therefore, it issued an Enforcement Guidance on the consideration of criminal records for employment.
Notably, the EEOC enforces Title VII, which prohibits employment discrimination. This includes discrimination based on race, color, religion, sex, or national origin. Therefore, blanket applications of background check rules can be discriminatory. This is because minorities have higher incarceration rates.
However, the EEOC’s stance doesn’t give much respite. We’ll explain below.
Employment-At-Will in Indiana
Indiana is an employment-at-will state. This means that business owners can freely hire and fire individuals. Furthermore, they don’t need to give any reasons for their actions. Therefore, a business owner doesn’t have to inform you that they refused to hire you because of your DUI. Similarly, they don’t have to reveal this to sacked employees. This means that maintaining a discrimination suit will be challenging.
Can DUIs Affect My Current Employment?
Yes, DUIs don’t just have future employment implications. Instead, they can adversely affect your current job. Let’s imagine that the court convicts you on the DUI charge. Now, suppose it also sentences you to jail. This means that you’ll be away from work for a long time.
Furthermore, your employer will most likely not keep your job until you return. Therefore, you’ll be unemployed after serving your sentence. There’s also no guarantee that your employer will give you another chance after your release.
DUIs and Driving Privileges
Not all DUIs end in fines and imprisonment. Instead, in some cases, you may lose your driving privileges. This punishment may seem light until you consider its wider implications. Here, you can no longer drive yourself to and fro work. Using other means of transportation may also cause delays. Worse still, the financial implications may be more. At this stage, your employer may re-evaluate your value to the establishment. They may not want to keep someone under state supervision for DUIs.
Let the Rathburn Law Office Help You!
Have the police arrested you on a DUI charge? If they have, then you need an Indianapolis DUI defense lawyer immediately. You cannot control a DUI conviction getting on your record. Furthermore, you cannot determine its effects following a background check.
However, you have some control over whether or not you get convicted. We mean that hiring a DUI defense lawyer significantly improves your chances of winning at trial. At the Rathburn Law Office, we have all the legal resources to make this possible. So, call us today for a FREE consultation.