DUI and Job Application

D

demon66

Bluelighter
Joined
Jul 26, 2010
Messages
205
Location
Northern California Bay Area
I am applying for a job. The job application asks if I have been convicted of a crime. I got a DUI last spring. Almost positive this is a misdemeanor. Misdemeanor a crime? Should I put this down?

I will probablly have to get a Live Scan. I don't know if that checks for DUI.

I'm probablly not going to list the DUI. If it is something that I am legally required to disclose it will show up with the live scan right?

For that matter why does the potential employer even bother asking if they are going to do a back ground check any way?
 
''For that matter why does the potential employer even bother asking if they are going to do a back ground check any way?''
it would go to the question of integrity . a dishonest answer that was found out in a background check would be double jeopardy .
I have never heard of a first DUI being other than a misdemeanor .
 
Yes, both a misdemeanor and a felony are considered crimes, as opposed to a municipal violation, which is not.

Whether or not you have to disclose that the crime was in fact a DUI depends upon how the question is worded, but it's usually clear about what they want.
 
I got a job at a company that does thorough background checks without listing my DUI (due to being around kids)... The excuse that I would have used if I was confronted is that the question excludes traffic violations, as most of the time the question specifically states. I don't honestly think that a DUI is a traffic offense, but it is a convenient argument.
 
It is not like I am trying to be dishonest, I just want to only disclose information I am required to by law. Not sure if I need to put down my DUI. If that information is a need to know for them it will show up with a live scan right?
 
Sorry, one more thing: I take it your prints were done digitally? It's unlikely that an employer will do a live scan for the typical background check. Also, when you say last spring do you mean 2010? Are you on probation or is the criminal aspect resolved?

Honesty is the best policy. Tell them what happened (just enough detail to explain your arrest record) and what you've done to address the problem.
 
Most applications that I filled out have explanations of what exactly they are asking for when they inquire about arrests and convictions. If it didn't specify and if it didn't ask if you've been convicted of a felony, then they probably want you to put down anything that you've been arrested, fingerprinted and convicted of, including misdemeanor DUI.
 
The three "R's" is typically what an employer an employer wants to see: responsibility, remorse, and rehabilitation (this doesn't have to mean rehab, completing the terms of your probation is sufficient).
 
It's not though...I have been through the court system for DUI just recently. I am positive of this.

DWI in New Jersey is classified as a traffic offense. As such, it is not a crime
or misdemeanor. The police have a right to take blood as long as they have a good
faith belief that the defendant is driving while impaired. This is known as probable
cause. They likewise have a right to send the blood to the laboratory for analysis.
Lastlyn DWI and DUI are the same thing in New Jersey.

www.newjerseydwi.com/qa.htm
www.newjerseydwi.com/dwi-knowledge.htm
"DUI is not a crime in New Jersey". http://www.ncsl.org/programs/lis/dui/felony.htm
http://www.duianswer.com/library/when-is-dui-a-felony-offense.cfm
 
New Jersey is an odd state (from a legal perspective) and as such doesn't have the typical felony/misdemeanor designations. Criminal acts in NJ are classified differently, which is why something that is clearly a misdemeanor (by its pure legal definition) is classified as a traffic offense. A conviction for DWI in NJ would be considered a misdemeanor conviction in other jurisdictions for the purposes of penalty enhancements.

As to the OP, you should certainly disclose your DUI arrest to potential employers.
 
You must log in or register to reply here.
Top