After being convicted of a felony DUI, many people are worried about how it may affect their livelihood. Unfortunately, having a criminal record does have the potential to make it more difficult to get a job. Some potential employers may pass over applicants with criminal records in favor of those without. If you have been convicted of a DUI, it is always best to be honest and upfront with your employer to avoid scrutiny later.
Some employers may want to know about your driving record, while others may not care as much. If you work a job where you are required to drive, then having a clean driving record may be essential to your employment. But if your job does not involve driving at all, your employer may not need to know. If you have concerns about your criminal history and how it might impact your ability to get a job, call our law firm today at 719-294-0566 for more information.
Are You Required to Disclose Your DUI to Employers?
In Colorado, there is no state law that requires employees to disclose their driving history to their employers. However, if you work a job that requires a clean driving record, you will likely have to disclose your DUI conviction to your employer as a condition of employment. If you are unsure whether your employer needs your driving history on file, contact your human resources department for further instructions.
What’s the Difference Between a Conviction and an Accusation?
If you are simply accused of a DUI, it is different than having a conviction on your record. An accusation is when someone has been accused of a crime but has not yet been proven guilty in a court of law. You could be accused of a DUI and get the case dismissed or be found not guilty. On the other hand, a conviction means that you have been found guilty of a crime in a court of law.
Accusations can be made without any evidence to support them, leading to an ultimate case dismissal or not-guilty verdict. Convictions require evidence and proof of the crime committed beyond a reasonable doubt. Unfortunately, both arrests and convictions stay on your criminal record unless you seal or expunge them. In many cases, employers will check for both arrests and convictions on your criminal record; however, they may still be able to hire you if your case was dismissed or you were found not guilty.
Can You Keep a DUI Off Your Record?
In Colorado, most felony DUI convictions are not eligible for expungement. In some cases, you may be able to petition the court for an expungement if the DUI conviction happened more than seven years ago and your criminal history has been clean since then. You may also be able to petition the court if you have successfully completed a drug and alcohol program and have not been charged with any other crimes. However, there is no guarantee that a court will grant your expungement.
If you were arrested for a DUI and the case was ultimately dismissed, or you were found not guilty, you can petition for expungement with the help of a DUI lawyer. A judge will review your case and look at your criminal history, taking into account factors like the severity of the charges, the length of time since the charges, and your continued criminal history. If your record is expunged, then most employers will not be able to see your DUI arrest on a background check.
Should You Hire a DUI Lawyer?
Ultimately, the best way to keep a DUI off your record is to hire a DUI lawyer to represent you. Whether you are facing DUI charges or have been convicted of a DUI, our team can review your case and identify your legal options as you apply for jobs. Depending on your circumstances, you may be able to petition for record sealing or expungement of your DUI records.
If you need assistance after a felony DUI, don’t hesitate to reach out. Call Joyner Law today at 719-294-0566 for a free and confidential consultation with an experienced member of our team.