How DUIs Affect Employment in Montgomery County
The impact of a DUI on one’s employment depends on the kind of work that they do. Employers make decisions about how DUIs affect a person’s ability to maintain employment within their organization. Employers’ concerns are usually related to crimes involving moral turpitude, such as theft or fraud. Still, an individual with a DUI could see an impact on their employment.
A DUI defendant should review their employee handbook to see what they are required to report and make decisions with their attorney’s help on how to disclose information to their employer so that they are not in violation of HR policy. A lawyer could explain how DUIs affect employment in Montgomery County and work to mitigate negative outcomes.
Arrest vs. Conviction
The effect of a mere arrest for DUI on a person’s employment will be different than the consequences of an actual conviction. An arrest is only an allegation, and defendants are considered innocent until proven guilty in the United States.
There is a stark difference between somebody who is convicted and somebody who is charged. In the charge scenario, the prosecution has not yet been successful, and in the convicted scenario the prosecution prevailed. As a result, an arrest may not affect a person’s employment, while a conviction could lead to harsh consequences.
Effects of a First Offense
The effect of a first DUI offense on someone’s employment depends on their employer. When driving is a component of one’s employment, the DUI most likely has an impact. For example, drivers for a ride-sharing service like Uber or Lyft may be affected based on the charges because driving is a fundamental component of their employment.
An employee in a retail capacity or other job where driving is not a part of their employment does not necessarily see an impact. Each employer is different and the criteria for employment are different. An employee should review their employee handbook to identify the rules of disclosure and how they might be affected by DUI-related charges.
Background Checks in Montgomery County
The frequency of background checks depends on a person employer. Some employers run background checks routinely, others never do. Because information on cases is listed online, it is always a good idea to consult with an attorney about disclosure requirements and read an employee handbook to see employer’s requirements. Failing to disclose an incident may lead to a violation of the employer’s rules and corresponding discipline.
When a prospective employer sees a DUI conviction on someone’s record, the hiring decision will likely be contingent on the employer’s own internal standards. When driving is a component of employment, for example, a person with a DUI on their record might be at a disadvantage in hiring. These kinds of questions vary on a case-by-case basis depending on the kind of job and responsibility associated with it.
Explaining a Conviction
There may be an opportunity to attach a brief statement to an application explaining the details of a prior conviction. An attorney could assist an applicant in developing a response for such a question, whether posed in an application or an interview.
An Experienced DUI Attorney Could Help Avoid Negative Effects on Employment
The long-term impact of a DUI conviction could be significant. A DUI conviction is rarely eligible for expungement unless dismissed completely, and it will therefore appear in any background checks related to employment. Expungement is only eligible if the PBJ is received 15 years after the date the petitioner was discharged from probation. If you have a conviction on your record, a criminal defense attorney who understands how DUIs affect employment in Montgomery County could help you properly disclose the conviction to your company or explain the conviction in job applications.