Can a DUI Charge Be Seen in a Background Check?

In this economy, you may find it difficult enough to obtain gainful employment. But your opportunities may be all the more hindered if you have to answer “yes” to the question, “Have you ever been convicted of a crime?” posed on your job applications. You may wonder how to answer this question truthfully if you have ever been charged for driving under the influence (DUI) of drugs or alcohol. Well, follow along to find out whether a DUI charge can be seen in a background check and how one of the proficient Clarksville DUI lawyers at Fendley and Etson can help better your chances at future employment opportunities.

Can a DUI charge be seen in a background check in the state of Tennessee?

A DUI charge is not something taken lightly in Tennessee. State law recognizes a DUI as a criminal offense. That is, you may be charged with a misdemeanor even if this is only your first offense; and even if there were no other aggravating factors, such as injury or death of a victim. Notably, this is in contrast to other states, which may only count a DUI as a traffic offense.

This is to say that, in the state of Tennessee, your DUI charge may be disclosed on your permanent criminal record. Therefore, your DUI charge may be seen in a background check conducted by a Tennessee employer.

What is the “ban the box” law in the state of Tennessee?

You may rest easier upon learning about the “ban the box” law established in the state of Tennessee. Essentially, this law holds that Tennessee public employers must not conduct a background check against an applicant until they have completed their initial screening. In other words, they must first evaluate whether an applicant is otherwise qualified for a certain job position. And then, they must give them a platform to explain the DUI charge on their permanent criminal record.

Overall, this is all to give applicants a fair chance at getting a certain job position before a previous DUI conviction, which could have been a one-off incident many years ago, jeopardizes it. The only exception to this may be when it comes to police and fire department positions.

Sadly, even with the “ban the box” law in place, an employer may still hold the right to pass on your application if they believe that your previous DUI conviction negatively affects your ability to perform a certain job function. As an example, it may be unlikely that you get accepted for a truck driving position after your DUI offense.

At the end of the day, if you require immediate legal representation, look no further than one of the talented Montgomery County criminal defense lawyers. Someone at Fendley and Etson will happily serve you.