Background checks are part of the hiring process in Florida, this process ensures that you have not been convicted of any crime in the past before entering the company– Driving Under the Influence (DUI) is no exception. As a job seeker, one question you may ask is: Will a DUI show up on a background check in Florida? The answer is yes. However, there are also factors to be considered.
In this article, we’ll find out whether or not a DUI is a felony, how it appears in background checks, how long will it stay, and if there are any options to expunge such records.
DUI is not always considered a felony in Florida, the nature of this offense lies in the context of the situation. A DUI can be considered a misdemeanor or a felony, depending on the severity of the situation. Usually, the first and second DUI offenses that are not too aggravating are considered to be minor misdemeanors. However, there is a thin line between a misdemeanor and a felony and a DUI may elevate into a felony under certain conditions.
One scenario that could lead to a DUI being charged as a felony is an offense that leads to severe injury or death of a person. The severity of this matter adds gravity to the issue and the consequences are raised into more than just a minor misdemeanor.
Another ground for being charged with a felony because of a DUI is if you committed a third offense of the DUI in ten years. Due to the repeated actions and violations, the authority will be prompted to impose a stricter repercussion for your issue and charge you with a felony.
Committing four or more DUIs can also lead to being charged with a felony. This is regardless of the time frame between the offenses, as it demonstrates that you have continued to commit a violation, disregarding public safety and the law. Thus, resulting in a more severe classification of the offense.
A DUI will typically show up in your background check in Florida. However, the way it appears is not the same for everyone, it may appear into two primary types, Criminal Background Checks and Motor Vehicle Record Checks.
A DUI will show up in a Criminal Background Check because DUIs are considered to be a criminal offense in Florida. Thus, affecting various aspects of your life including employment opportunities, housing applications, and any other matters that may require a background check. However, there is still a way to remove this from your Criminal record, that is to sealing or expunging which may need for you to meet certain eligibility requirements and legal procedures.
Other than Criminal background checks, a DUI can also be recorded on your Motor Vehicle Record (MVR), a record that tracks all driving-related violations including incidents and even DUIs. It is frequently viewed by employees especially if the position requires a driver’s license such as transportation or delivery services. Having a DUI on an MVR may affect future employment as it questions both the reliability and safety of the candidate.
DUI convictions are being given close attention by most employers, especially if the position applied for involves driving. Despite this, the hiring process can also vary depending on the nature of the offense, relevance to the position, and the company policies.
On average, a DUI stays on your record in Florida for 75 years, making it a lifetime case for most people. The record has a long-lasting presence because it potentially affects all areas of life. However, in some cases, the length of a DUI’s stay in your record may last shorter or longer, depending on the type of record in question.
In a criminal record, a DUI conviction will most likely be permanent and will not be erased unless sealed or expunged, undergoing due process. This means that employers will see the DUI conviction cases no matter how long it has been unless otherwise the case has been removed from public access.
Meanwhile, a DUI in a driving record in Florida will last for 75 years. Making it a lifetime case for most people. This not only causes severe implications for job eligibility but also creates issues for insurance purposes. In addition to that, employers who view the MVR of a candidate often see a DUI as a red flag and often label the candidate unsuitable for roles that are safety-sensitive and transportation-related
In Florida, DUI convictions can be easily expunged if the person is not guilty. According to Florida Department of Law Enforcement, expungement allows certain criminal records to be erased. However, the eligibility is restricted by Florida law, which means that individuals who used to commit a serious crime such as violence, sexual misconduct, human trafficking, or offenses against minors are not eligible to apply for expungement.
The grounds for expungement are usually cases that do not result in conviction, this could happen if a charge is dismissed, or adjudication is withheld. This also requires a certificate of eligibility, ensuring that the person applying meets the specific criteria for expungement. For better chances, it is advisable to consult a legal professional who would be able to help in determining whether or not your case is qualified for expungement or sealing.
While a DUI appearing on your record does not mean that you are directly disqualified from the job, it can still influence your employer’s decision in many ways. Some of these are the following:
Some positions will require you to drive or perform safety-critical responsibilities. These types of jobs will most likely take a weight on your DUI during the hiring process. One example of this is being a delivery driver. The position may require strict compliance on DUI compared to that of a desk job.
While employers will take a look at DUIs, there is a huge possibility that they may be more open to those with older, and single-offense DUIs. This is especially true if the candidate seems to be doing well. In contrast, recent and multiple numbers of DUIs can raise concerns.
No two employers are completely the same. Thus, each has their policies that they follow. Some employers are more forgiving than others. However, it is not a secret that until this day, there are employers who want a clean slate, and hold stricter policies for DUI.
Those candidates who have completed a rehabilitation program or show evidence of being a responsible individual after their conviction may convince the employer to take aside their DUI history.
If you want to minimize the impact of DUI in background checks, you may want to consider expungement or sealing. Although Florida does not allow the expungement of DUI convictions, there are steps you can take to reduce its visibility.
Consulting a lawyer is the first step in addressing such issues about your DUI. While you can not solve your problem alone, a legal professional will help you evaluate your case and determine whether you are qualified for sealing or expungement.
Another important step is ensuring that your records are correct and timely, any charges that have been dismissed or not convicted must be properly removed from your record and your driving and criminal records must be reviewed regularly to assess its accuracy and avoid errors that may affect background checks. Taking these steps will ensure that you will not have any trouble with your DUI ever again, ensuring a higher possibility of hiring opportunities.
