Guide to DUIs on Background Checks
Background checks are a key part of the hiring process, helping employers assess a candidate's qualifications and ensure workplace safety. In some industries, such as healthcare, childcare, financial services, and transportation, background checks may be required by law. If you’re hiring for a role that involves driving, checking for a DUI conviction can be especially important.
You may be unsure how to proceed when a background check shows unexpected information, such as a DUI conviction. Keep reading to learn more about DUIs on a background check and how to make fair, informed, and compliant hiring decisions.
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Does a DUI show up on a background check?
Whether a DUI shows up on a background check depends on the screening an employer conducts. If a person has been convicted of a DUI or driving under the influence of alcohol or drugs, the conviction will usually appear on a criminal background check—most jurisdictions consider a DUI to be a criminal offense. If the case was dismissed or is still pending, background checks may reveal a DUI arrest, though some states prohibit or limit the disclosure of this information. DUIs may also appear on motor vehicle records (MVR) checks, depending on state DMV policies.
A DUI background check may list a DUI by another term, such as driving while intoxicated (DWI) or operating under the influence (OUI)—all of which refer to driving or operating heavy machinery while under the influence of drugs or alcohol.
Types of DUI convictions and their effect on employment
Criminal DUI convictions generally fall into three categories: infractions, misdemeanors, and felonies. While some traffic-related DUIs may be considered infractions, more serious cases are charged as misdemeanors or felonies.
Misdemeanor DUI: A first-time DUI is often a misdemeanor, carrying penalties such as fines, probation, or up to one year in jail. Circumstances such as the death or serious injury of another person may escalate the charge. An individual with previous convictions may receive stricter fines and/or a longer sentence for a repeat offense.
While a misdemeanor DUI generally doesn’t automatically disqualify a candidate from employment, it may impact hiring decisions, especially for driving-related roles.
Felony DUI: A DUI may be classified as a felony if it involves serious injury, death, or multiple prior offenses. Felony DUIs typically come with harsher penalties, including substantial fines, extended license suspensions, and longer prison sentences. The impact on employment depends on the employers’ policies, industry regulations, and federal and state laws.
Hiring best practices for employers and individuals
Both employers and individuals can take steps to navigate DUI background checks and the hiring process. Here are best practices for each group:
For employers
Employers conducting DUI background checks should prioritize fairness, transparency, and compliance:
- Conduct thorough and compliant background checks. Partner with a qualified background check provider, like Checkr, to ensure accuracy, speed, and compliance with background check laws and regulations.
- Establish clear hiring policies. Develop clear and consistent background check policies for evaluating candidates with criminal convictions, including DUIs, to promote fair decision-making and reduce bias.
- Maintain accurate records. Document hiring decisions and the reasoning behind them to demonstrate compliance with fair hiring laws.
- Train hiring managers. Educate hiring managers on the legal and ethical considerations of evaluating candidates with criminal histories to ensure consistency across your organization.
For individuals
Individuals applying for a position where a DUI may impact employment eligibility can consider these best practices:
- Know what’s on your background check. Ordering a personal background check can help you understand what employers may see so you can address any inaccuracies before applying for jobs.
- Review your background check report carefully. With Checkr, you can access your background check in minutes. Once you receive it, familiarize yourself with the details.
- Prepare to discuss any DUI records. Individuals with a DUI on background checks may wish to provide context for prospective employers. When determining how to explain a DUI on background check, take responsibility, describe what you’ve learned, and demonstrate how you’ve grown since the offense occurred.
- Dispute inaccurate information. If inaccurate information appears on the background check, you have the right to file a dispute with the provider to request an investigation.
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Making a hiring decision when a DUI is discovered
When a DUI is discovered on a background check, employers should carefully assess its relevance before making a hiring decision. This includes reviewing company policy, considering the “nature-time-nature” test, and consulting legal counsel. Here’s a look at these important steps in evaluating a DUI on background checks.
Review company policy
Consult your company’s background check policy to determine next steps. Follow the established guidelines if your organization’s policy includes relevant adjudication matrices. If you’re unsure how to proceed with an individualized assessment, seek clarification from a supervisor or the HR department.
Consider the “nature-time-nature” test
The Equal Employment Opportunity Commission (EEOC) encourages employers to use the “nature-time-nature” test to determine how relevant a criminal conviction, such as a DUI, is to a specific job’s requirements. To follow this guidance, consider:
- The nature of the offense
- The time that has passed since the offense occurred
- The nature of the job
Consult with legal counsel
To reduce potential liability, organizations may wish to consult with legal counsel to ensure compliance with applicable laws and requirements during the hiring process.
Legal and compliance considerations
Both employers and individuals should understand the legal and compliance requirements related to DUI background checks. Here are some key laws and regulations to know:
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) is a federal law that requires employers to disclose their intent to perform a background check in writing and receive written authorization from a candidate before proceeding.
The law also imposes limitations on reporting arrest records and other non-conviction related information. In most cases, the lookback period on arrest and other non-conviction records related to DUIs is typically seven years. When a DUI on background checks leads to employment disqualification, the FCRA requires employers to follow the adverse action process when notifying the candidate of your decision.
Title VII of the Civil Rights Act
Enforced by the EEOC, Title VII of the Civil Rights Act is a federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. To comply with the provisions of the Civil Rights Act, employers should conduct an individualized assessment of candidates using the “nature-time-nature” guidance discussed above.
State and local laws
Many state and local jurisdictions have additional laws governing background checks.
Ban the Box laws remove questions from job applications about criminal history and may also affect the timing of when employers can request a background check during the hiring process.
Industry-specific regulations
Some industries have stricter hiring rules for candidates with DUI convictions or may require obtaining a waiver or implementing conditions for continued employment. For example, under Federal Motor Carrier Safety Administration (FMCSA) rules, CDL drivers employed in the transportation industry are typically disqualified from driving for one year following a DUI conviction.
Start running background checks with Checkr
Conducting a DUI background check for jobs involving driving can support more informed hiring decisions. Checkr makes the process simpler and faster, while supporting compliance—whether you’re an employer hiring for regulated roles or an individual preparing for a job search.
For employers
When a background check returns a DUI conviction, maintaining compliance with complex and constantly changing regulations can be challenging. Checkr’s modern technology helps you stay compliant and reduce bias with built-in workflows to help you navigate regulatory requirements and mitigate risk. Our platform is designed to eliminate inefficiencies so you can make fair, fast, and confident hiring decisions. Get started with Checkr today.
For individuals
Prepare for your job search by running a background check on yourself. Checkr offers personal background checks, which include criminal record searches, so you can see if a DUI or other criminal history appears on your background check report.
With results available in minutes, you can take control of your job search and avoid surprises. Order online today.
Disclaimer
The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.
