As Peoria DUI Lawyers, one common concern we hear from clients is whether a DUI will show up on a background check. The answer to that question is not always straightforward—it depends on several factors.
Generally speaking, a DUI conviction in Peoria will show up on a criminal background check, which has possible implications for employment, housing, or educational opportunities. To understand the full ramifications of a DUI conviction, you’ll want to work with a trusted Defense Peoria DUI Lawyer. They can often help avoid a conviction, to begin with.
Another common question we hear as Buckeye DUI Defense Attorneys is how long a DUI will be on someone’s record. In Peoria Arizona, a DUI conviction stays on your driving record for five years. However, the criminal DUI conviction itself, like committing any crime, stays on your criminal record indefinitely. In other words, any future background checks conducted by potential employers, landlords, loan officers, or schools will show your DUI conviction.
If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Criminal and Personal Injury Lawyer today
While a DUI conviction can never be completely removed from your record in Arizona, there are certain circumstances in which you can have it set aside. The process of “setting aside a conviction” is commonly referred to as expungement in most other states, but, in Arizona, criminal defense and DUI lawyers in Buckeye and others refer to it as “setting aside a conviction.”
In other words, your conviction is not erased or removed in any way, but it is simply marked as “set aside.” While the crime is still on your record, being set aside indicates that the court has recognized your efforts towards rehabilitation and improvement.
To be eligible for setting aside a DUI conviction in Buckeye, Arizona, you must have completed all the terms of your sentence, including any required probation, community service, or educational/treatment programs. You must also demonstrate that you have made significant positive changes in your life and have not been involved in any criminal activity since your DUI conviction.
Talk to a Scottsdale DUI Lawyer to see if you are eligible to have your DUI conviction set aside. We can assist you with the entire process.
[ “1”]
Failing a background check has more to do with the policies of the institution checking your background than anything else. As mentioned earlier, expect a DUI conviction to show up on a criminal background check, but different entities have different stances on DUIs.
For example, a law school is going to look more harshly on a DUI conviction on an admission application than an MFA degree program because the DUI may prevent you from entering the state bar. School programs and jobs involving public safety as well as getting any kind of professional license is harder to come by with a DUI on your record. Again, a driving job is going to be harder to get after a DUI than a retail or customer service job. If the conviction is not recent, this helps.
Similarly, property managers might consider a DUI conviction when evaluating rental applications. They have the right to make leasing decisions based on their own criteria, as long as they comply with fair housing laws. Property managers can not discriminate based on religion, gender, race, sexual orientation, or having a licensed support animal, but they may discriminate against a criminal record, recent bankruptcies, poor credit score, and previous evictions.
Don’t underestimate the impact of taking proactive steps to address your drinking problem or whatever else led to the DUI. Showing a property manager a one-year Alcoholics Anonymous chip goes a long way. Consulting with a Glendale DUI lawyer can also guide you on additional steps to positively influence the outcome of your case and demonstrate your commitment to recovery.
It is no secret that a criminal conviction can have significant implications on employment prospects. Most employers conduct background checks to some degree or another, even if it just involves calling your references. DUI convictions raise concerns about an applicant’s reliability, judgment, ability to follow rules, and fulfill their job responsibilities.
Again, certain industries have super strict policies regarding DUI convictions. For example, transportation companies, government agencies, or jobs that involve operating heavy machinery often have zero-tolerance policies about drunk driving convictions. In these cases, a DUI conviction, whether it has been set aside or not, whether it was 30 years ago or yesterday, can automatically disqualify you from being hired or even keeping your current job.
In industries without explicit zero-tolerance policies, DUI convictions can still affect being hired. Employers may view drunk driving as a lack of responsibility or poor judgment. It depends on the attitude of the hiring individual or company in many situations.
[ “1”]
In Arizona, employers can consider a criminal record, though they must also provide notice that a conviction will not be an automatic bar to employment. However, they can give another reason for opting not to make a hire once they know about a conviction. On the other hand, property owners can outright consider a DUI conviction as part of their rental application evaluation process.
Furthermore, educational institutions typically have policies regarding student conduct and criminal backgrounds, particularly for programs that require professional licensing. As Peoria criminal defense lawyers, we recommend familiarizing yourself with the policies and regulations of any organization that is going to run a background check on you.
If you feel that you have been unfairly treated or discriminated against based on your DUI conviction during a background check process, you have important legal rights. However, it is often easier to take action earlier with help from a defense attorney to prevent discrimination issues to begin with.
If you are facing DUI charges in Buckeye and Peoria, Arizona, or would like to know more about setting aside a prior DUI conviction, get in touch with the Law Offices of John Phebus. Our tried-and-true Peoria DUI defense lawyers believe in your constitutional rights and will defend them passionately. To book a free case review and legal consultation, contact us now.
[ “1”]
[ “1”]
[ “1”]
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney John Phebus, who has more than 20 years of legal experience as a personal injury attorney.
Proper restraint use is the key to child car accident prevention. At The Law Offices of John Phebus, Glendale Criminal and Personal Injury Lawyer, we know that failing to meet booster seat requiremen...
Posted by John Phebus
Understanding what happens when you get arrested for DUI in Buckeye, Arizona, is essential for protecting your rights and navigating the legal process effectively. A DUI arrest can be overwhelmin...
read morePosted by John Phebus
A DUI (Driving Under the Influence) charge in Arizona carries severe penalties, particularly concerning your driver's license. The length of your license suspension after a DUI varies according t...
read moreIf you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at (623) 267-9283
623-267-9283