There are multiple reasons why a driving under the influence (DUI) charge might cost a professional their job. In some cases, they miss work due to court dates or incarceration. Employers with strict attendance policies may fire workers who miss multiple days of work, even with a clear explanation.
Other times, employers may have company policies limiting job opportunities for those with criminal convictions. Many employers perform background checks as part of the hiring process. However, if a DUI defendant already has a job, they might assume that they can keep it despite their pending charges.
Some DUI defendants choose to plead guilty to limit their time in court and the attention that a trial might attract. Is that a viable strategy for preventing an employer from learning about their recent arrest?
News travels fast in the workplace
Employees frequently gossip with one another and with their supervisors. A worker who tells one of their teammates about their recent arrest could be at risk of everyone finding out about their charges. Even those who avoid telling their coworkers could still have their criminal charges come to light.
One of their co-workers might have a connection to the local criminal justice system and may recognize their name on a court docket. Others might regularly check local mugshots as a form of entertainment and a source of gossip.
Even if a worker facing a DUI avoids anyone in their workplace finding out about their pending charges, a conviction is part of the public record. The record of the DUI is available to anyone who performs a background check.
While people can seal or expunge certain criminal records, the state does not allow those with DUI convictions to expunge the offense from public records. Anyone who checks court records or criminal record databases could learn about the DUI.
When a DUI defendant applies for a promotion or undergoes an annual review for a raise, their employer might conduct a background check as part of that process. Their DUI offense could result in their employer denying them opportunities or taking steps to terminate their position.
There is no sure way to conceal a criminal record that a defendant cannot expunge. For professionals concerned about the prospect of job loss, fighting a DUI charge might be the best option available. There are many defense strategies that can be successful depending on the circumstances. Reviewing the state’s evidence and a driver’s record with a skilled legal team can help with the development of a viable defense strategy.
