Being arrested for DUI can be embarrassing and can cause long-term consequences long after you serve your sentence. One area of life where it can cause worries is when you are applying for jobs and are uncertain whether or not you have to disclose your DUI to prospective employers.
Do You Have to Disclose a DUI Arrest on a Job Application?
In general, you do not have to disclose a DUI arrest on an employment application unless the application asks about arrests. If it only asks about convictions, you would not need to disclose this. However, your employer may discover your arrest if they conduct a background check, because arrest records are public records.
Requirements for Disclosing a DUI Conviction
An employer is more likely to ask questions about misdemeanor and felony convictions than arrests. DUI is often a misdemeanor offense in Virginia, but it can be charged as a felony if it is a third or subsequent conviction. You can be convicted in these ways:
- Being found guilty at a trial
- Pleading guilty or entering a no contest plea
Whether you must disclose a DUI conviction will depend on the question asked on the application. If the question only asks about felony convictions and you were convicted of a misdemeanor, you would not have to include your misdemeanor conviction. However, if there are questions about misdemeanors or convictions in general, you would have to mention your DUI conviction when you apply for the position.
Do You Have to Discuss an Expunged DUI Conviction?
You do not have to disclose an expungement of a DUI conviction when applying for a job. In Virginia, employers cannot ask applicants about expunged criminal records on a job application or in an interview. However, your ability to expunge a DUI convicted is limited.
Do you have other questions about your duty to inform an employer about your DUI conviction? Have you been arrested for DUI in Norfolk? Call our office to schedule a free consultation to learn how our experienced DUI attorneys can help.
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