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Do You Have To Tell Your Employer You Got A DUI?

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By Christopher Coble, Esq. on April 15, 2015 12:57 PM

I'm sure you want to forget about that DUI. Never think about it, or bring it up again. However, your job or job applications may not allow you to forget.

As much as you'd like to leave it in the past, do you have to disclose your DUI to your employer or on a job application?

Job Applications

You do not want to lie on a job application. However, you may be able to get away with not disclosing a DUI.

Read carefully to see what the application is asking you. If the application asks if you've ever been arrested, then you'll have to answer yes. If the application asks if you've ever been convicted of any crime, you'll have to disclose your misdemeanor or felony DUI.

However, most applications ask if you've been convicted of a felony. If you were arrested of a DUI, but never convicted, you can answer no. If you've been convicted of a misdemeanor DUI, you can answer no. If you've been convicted of a felony DUI that was subsequently expunged, you can legally answer no.

Remember, though, if you are applying for a state-issue professional license, a law-enforcement job, a school-related job, or public office, you will still need to disclose an expunged conviction.

Current Employers

There isn't a law that specifically requires you to tell your current employer about your DUI. But, you may or may not have to disclose your DUI depending on the conditions of your job.

You should disclose your DUI if:

  1. It is required by your employment contract. Failing to disclose a conviction as required by your contract would be a breach of contract. This could be a legitimate ground to fire you even if having a DUI is not.
  2. Your job requires you to drive. Your DUI conviction may affect your ability to do your job. Also, your employer may be civilly liable if you injure anybody during the course of your duties.
  3. Your boss asks you directly. You don't want to lie. Your boss may not fire you for a DUI, but he may fire you for being untruthful.

Unless one of these situations arises, you are under no duty to inform your employer about your DUI.

If you are worried about how a DUI may affect your employment, consult with an experienced criminal defense attorney.

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